A Guide to Charges, Penalties, and Legal Support
Driving under the influence (DUI) and driving while impaired (DWI) are two distinct offenses under Maryland law. While many people use these terms interchangeably, they carry different legal definitions, penalties, and consequences.
Knowing the difference is essential for anyone who drives in Maryland—especially if they are facing charges or want to understand their rights.
Impaired driving remains a serious issue across the state. In 2024, Maryland reported over 4,000 DUI-related arrests, and alcohol was a factor in nearly one-third of all traffic fatalities. If you’re facing DUI or DWI charges, contact our Baltimore DUI lawyers today.
For a free legal consultation, call (410) 390-3101
What Is a DUI?
A DUI, or driving under the influence, is the more serious of the two offenses. In Maryland, a person is charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher. This level is considered “under the influence per se,” meaning the driver is legally presumed to be impaired regardless of how they appear or behave.
DUI charges may also apply if a person is impaired by controlled dangerous substances (CDS), including illegal drugs, prescription medications, or marijuana. Even legal drugs can lead to a DUI if they affect a person’s ability to drive safely.
DUI for Drivers Under 21
Maryland enforces a zero–tolerance policy for drivers under the age of 21. If a minor is caught driving with a BAC of 0.02% or higher, they will be charged with DUI under § 16-113(b)(1) of the Maryland Transportation Code.
What Is a DWI?
A DWI, or driving while impaired, is a lesser offense than DUI. A person may be charged with DWI if their BAC is 0.07%, or if they show signs of impairment that affect their ability to drive safely. DWI charges can also apply to drivers impaired by drugs or a combination of alcohol and drugs, even if their BAC is below the legal limit.
While DWI is considered less serious than DUI, it still carries significant penalties and can affect a person’s driving record, insurance rates, and future employment opportunities.
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DUI vs. DWI: Key Differences
In Maryland, a person may be charged with both DUI and DWI at the same time, but they can only be convicted of one. If convicted of DUI, the DWI charge is merged into the DUI.
If convicted of DWI, the DUI charge is dropped because the legal requirements for DUI are higher.
| DUI | DWI | |
| BAC Level | 0.08% or higher | 0.07% |
| Points on License | 12 points | 8 points |
| Jail Time (First Offense) | Up to 1 year | Up to 60 days |
| Fine | Up to $1,000 | Up to $500 |
| License Penalty | Revocation up to 6 months | Suspension up to 6 months |
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How Police Determine Impairment
When a police officer suspects a driver is impaired, they may conduct a field sobriety test or request a breathalyzer test to measure BAC.
If the BAC is 0.08% or higher—or if the driver refuses to take the test—the officer will confiscate the driver’s license and issue a temporary paper license valid for 45 days. The suspension begins on the 46th day, as outlined in § 16-205.1 of the Maryland Transportation Code.
Refusing a breath test can result in automatic license suspension under Maryland’s implied consent law, which states that drivers agree to BAC testing when they receive a license.
License Suspension and Revocation
The Motor Vehicle Administration (MVA) handles administrative penalties for DUI and DWI. Depending on the offense and the driver’s history, license penalties may include:
- 180–day suspension for first-time offenders
- 1–year suspension for refusing a breath test
- 2–year revocation for repeat DUI convictions
- Ignition interlock device requirement for repeat offenders
Drivers convicted of DUI or DWI will also receive points on their driving record:
- DWI: 8 points (eligible for license suspension)
- DUI: 12 points (eligible for license revocation)
Points remain on the record for two years and can lead to increased insurance premiums and other consequences.
Penalties for DUI and DWI
First-Offense DWI
- Up to 60 days in jail
- Up to $500 in fines
- 8 points on driver’s license
- License suspension up to 6 months
First-Offense DUI
- Up to 1 year in jail
- Up to $1,000 in fines
- 12 points on driver’s license
- License revocation up to 6 months
Penalties increase for repeat offenses or if aggravating factors are present, such as:
- Driving with a minor child in the vehicle
- Causing an accident or injury
- Refusing to take a BAC test
Long-Term Consequences
A DUI or DWI conviction can have lasting effects beyond jail time and fines. These include:
- Loss of employment, especially for jobs requiring driving
- Higher car insurance rates
- Difficulty obtaining professional licenses
- Immigration consequences for non-citizens
- Public record that may affect housing and education
Legal Support From The Bishop Law Group
If you or someone you know has been charged with DUI or DWI in Maryland, it’s important to speak with an experienced attorney right away. The Bishop Law Group understands the complexities of impaired driving laws and offers personalized legal support to help protect your rights and future.
Our attorneys can:
- Challenge unlawful traffic stops
- Review BAC testing procedures
- Negotiate reduced charges or alternative sentencing
- Represent you in court and MVA hearings
For a free consultation, contact The Bishop Law Group. We proudly serve clients throughout Maryland and are committed to providing strong, compassionate legal representation.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
