Many people and even some jurisdictions use the terms “DUI” and “DWI” interchangeably.
However, the terms refer to distinct crimes in Maryland, and being charged with DUI vs. DWI can affect the penalties you could face if convicted.
DWI is the comparatively lesser charge in Maryland, as it involves a lower degree of intoxication. As the more serious offense, DUI has harsher penalties.
What Is the Difference Between a DUI and DWI Under Maryland Law?
The primary difference between DUI and DWI is that they are separate crimes in Maryland:
- Driving while impaired (DWI) means driving or attempting to drive a motor vehicle while intoxicated by alcohol. DWI can be established through a chemical test showing that the driver’s blood alcohol concentration (BAC) was at least 0.07 percent but less than 0.08 percent. However, a driver can also be convicted of DWI if they are found to have had a BAC less than 0.07 percent, provided there is other evidence of the driver’s intoxication.
- Driving under the influence of alcohol (DUI) involves a greater degree of intoxication. It can be established by a BAC of at least 0.08 percent or other evidence of a driver’s substantial impairment in the absence of test results.
A BAC of 0.05 percent or below creates a presumption that the driver was neither impaired nor under the influence.
DUI vs. DWI Penalties in Maryland
The penalties for conviction on DWI and DUI charges are also different. Conviction for DWI can result in the following serious penalties:
- First DW – A fine of up to $500 and imprisonment for up to two months
- Second DWI – A fine of up to $500 and imprisonment for up to one year
Conviction for DUI can result in the following penalties:
- First DUI – A fine of up to $1,200 and imprisonment for up to one year
- Second DUI – A fine of up to $2,400 and imprisonment of up to two years
Subsequent convictions after two previous DUI and/or DWI convictions can result in substantially higher fines and prison sentences.
Conviction or probation before judgment, an alternative outcome that avoids an entry of conviction, also results in mandatory participation in the Ignition Interlock Device (IID) Program.
IIDs are onboard breathalyzer devices that will prevent a vehicle from starting if the device detects alcohol.
The length of the participation period depends on how many times the offender has previously participated in the program.
A comprehensive alcohol-abuse assessment is mandatory after a second DUI conviction in a five-year period, along with treatment if it is recommended and ordered by the court.
In addition to the above criminal penalties, a DUI or DWI conviction can result in separate sanctions through the Motor Vehicle Administration (MVA).
They may include driving record points, license suspension or revocation, or restricted driving privileges. The precise sanction depends on the circumstances of the offense.
Drivers can also receive an administrative license suspension for certain alcohol-related violations, even if they are not actually convicted of a crime.
Refusing to submit to chemical testing can result in a suspension of 270 days for a first offense and two years for a second or subsequent offense. Registering a BAC of 0.08 percent or above can result in a suspension of 180 days.
Registering a BAC of 0.15 percent or above can result in suspension of 180 days for a first offense and 270 days for a second or subsequent offense. These periods may be longer for certain classes of offender.
DUI and DWI convictions can remain on a criminal record indefinitely, as they are not currently eligible for expungement. However, certain charges in the absence of a conviction can be expunged after a statutory waiting period.
Beyond the criminal and administrative penalties, a conviction for DUI or DWI can also lead to increased insurance rates and loss of employment opportunities.
Can You Be Charged with Both DUI and DWI in Maryland?
Yes, you can be charged with DUI and DWI for the same traffic stop, as they are separate crimes with distinct elements.
Moreover, the Maryland Supreme Court has affirmed that an offender can be convicted of both DUI and DWI for the same underlying incident.
What Happens After a DUI or DWI Arrest in Maryland?
A DUI or DWI charge usually begins when a police officer observes signs that a motorist is intoxicated or impaired.
They will initiate a traffic stop and investigate by conducting field sobriety tests and/or breath tests. The officer may then arrest the driver if the investigation gives them probable cause to believe the driver is intoxicated or impaired.
Here is what happens next:
- Chemical testing – After the arrest, the driver may be asked to submit to an evidentiary breath or blood test. Under Maryland’s implied consent law, refusing the test can result in separate administrative penalties.
- Booking and release – The driver is processed by law enforcement and may be released, required to post bail, or held pending an initial court appearance, depending on the circumstances.
- Administrative license action – The Maryland Motor Vehicle Administration (MVA) may take separate action affecting the driver’s driving privileges based on the results of their breath test or refusal to submit to one.
- Criminal court proceedings – The case moves through the criminal justice system through a series of court appearances, pretrial hearings, plea negotiations, and, if necessary, a trial.
- Resolution – If the defendant pleads guilty or is convicted, the court may impose penalties such as fines, probation, driver’s license sanctions, mandatory alcohol education or treatment, community service, or incarceration. Specific penalties depend on the facts of the case.
What Factors Can Affect a DUI or DWI Case Outcome?
The outcome of a DUI or DWI case in Maryland may rest on factors like:
- The driver’s BAC based on chemical test results
- Whether the driver refused chemical testing
- Whether the driver has prior DUI or DWI convictions, and, if so, how many
- Whether the incident involved an accident, injury, or property damage
- The presence of aggravating or mitigating circumstances
When to Contact a DUI/DWI Lawyer
Have you been arrested in Maryland on suspicion of DUI or DWI?
If so, you need to act fast to protect your rights. Do not wait another moment to get the help you need from an experienced DUI/DWI lawyer.
Contact Greenberg Law Offices now to discuss your options and have your case evaluated.
