DUI vs DWI in Maryland: What’s the Difference? 2025

In many places and contexts, the charges of driving under the influence and driving while intoxicated (DUI and DWI, respectively) are interchangeable. In most states, either one term or the other is used as the official name for the criminal offense of operating a motor vehicle while impaired by drugs or alcohol. However, in Maryland, DUI and DWI constitute two separate and distinct charges, leaving many to ask: What is a DUI vs. a DWI in Maryland?

Understanding DUI and DWI in Maryland

As you might imagine, DUI and DWI cases in Maryland are similar in nature, even though they are separate charges. What you might not know is that both DUI and DWI can be charged at the same time for the same incident. In fact, this is often the case, as police and prosecutors may try to maximize charges. For this reason, Marylanders charged with DUI, DWI, or both often find it in their interests to work with a qualified DUI attorney.

The actual legal difference between DWI and DUI in Maryland comes down to quite a thin margin – at least for traditional drunk driving cases. Someone pulled over with a blood alcohol concentration (BAC) of 0.07% or higher can be charged with DWI, while someone with a BAC of 0.08% or higher would qualify for DUI charges (or both).

Although someone with a BAC elevated above 0.08% can be charged with both DWI and DUI, it’s important to understand that a person can only actually be convicted for one or the other for a single incident. Authorities will often charge a drunk driver with both, however, in an effort to maximize their options in court. This is a powerful and agile legal tactic that should be met with high-quality private DWI/DUI defense representation in court.

Consequences for DWI and DUI in Maryland

Because of the higher blood alcohol concentration threshold, DUI is considered the more serious of the two charges. Depending on the circumstances of the case, the penalties for being convicted of DUI or DWI in Maryland can include:

• Jail time ranging from days to years
• Fines in the hundreds or thousands of dollars
• License suspension
• Mandatory alcohol abuse education programs
• Ignition interlock devices (in which you must pass a breathalyzer in order to operate your personal vehicle)
• Indirect consequences like higher insurance rates and social stigma

This is a wide range of possible penalties, and the exact sentence can vary quite a bit from conviction to conviction. For example, the sentence for a first-time DWI conviction for someone with no previous criminal record is going to be much lighter than the sentence for someone who has an unregistered firearm in the car when they get pulled over for their third DUI arrest. Sentences will vary based on important factors such as:

• The severity of the incident (e.g., the defendant’s BAC level and any damages resulting from the drunk driving)
• The defendant’s prior history/repeat offenses
• Incidents involving a minor passenger
• DUI/DWI accidents leading to injury or death

Fighting Back Against DUI/DWI in Maryland

Regardless of whether you’re facing a DUI, DWI, or both, it may be necessary to enlist quality legal help in order to protect your rights in court. These cases are pursued aggressively in order to keep drunk drivers off Maryland roads, and the consequences of conviction can be severe. Some of the tactics your attorney may potentially use to push back against serious DUI and DWI charges include:

• Contesting the validity of the traffic stop. If law enforcement had no valid reason to pull the driver over in the first place, this could undermine charges, leading to dismissal.
• Questioning BAC test accuracy. Breathalyzers and blood tests are prone to occasional flaws and errors, just like any other man-made technology. Your attorney may be able to argue that the instruments used to measure BAC were not properly calibrated or administered.
• Alternative explanations. A good DUI lawyer may also be able to demonstrate to the court that there are other reasonable explanations for a driver’s apparent inebriation, such as a medical condition or severe fatigue.

FAQs About DUI and DWI Law in Maryland

What Is the Difference Between a DUI and a DWI in Maryland?

The difference between a DUI and a DWI in Maryland is quite small, with DUI being the more serious charge requiring a very slightly higher blood alcohol concentration (BAC) threshold to be met. Although DWI is considered the less serious of the two charges, both charges can carry serious penalties upon conviction.

What Is the New Law for DUI in Maryland?

The “new law” for DUI in Maryland may refer to a number of rule changes or legislative updates. For the most up-to-date information on the current state of Maryland’s DUI and DWI laws, it’s important to speak directly to a qualified lawyer. Laws and regulations can change frequently, and some websites may contain out-of-date information, making it important to work with someone who knows Maryland DUI and DWI laws inside and out.

What Is the Difference Between a DUI and a DWI?

There is no difference between a DUI and a DWI in most states, but in Maryland, these are distinct and separate charges. A DUI is considered a slightly more serious charge than a DWI. However, either type of charge can lead to serious consequences like jail time, fines, and a suspended license.

How Long Does a DUI Stay on Your License in Maryland?

A DUI can stay on your license for a significant length of time in Maryland, with the penalties of each conviction being commensurate with the details of that unique case. For personalized guidance as to the likely consequences of a DUI charge, you should speak directly with an attorney who knows the details of your case.

Highly Effective Help for Maryland DUI and DWI Charges

If you’re facing DUI or DWI charges in Maryland and need assistance mounting an effective defense in court, the Law Offices of Todd K. Mohink, PA, can help. Reach out at your earliest convenience so we can get started.