Facing a DUI or DWI charge in Maryland can be overwhelming, but there's a difference between the two charges. DUI stands for "Driving Under the Influence," while DWI means "Driving While Impaired." Both are serious offenses, but their consequences vary. In Maryland, the penalties for a DUI are generally harsher than for a DWI.
What's The Difference Between a DUI and DWI in Maryland?
The main difference lies in the driver's level of intoxication and impairment.
A DUI is one of the most severe offenses under Maryland law related to impaired driving. It applies when a driver’s Blood Alcohol Content (BAC) is 0.08% or higher. Maryland enforces this limit strictly, and drivers registered at or above this level are presumed to be under the influence, regardless of actual impairment.
But DUI isn’t just about alcohol. Drivers can also face DUI charges if impaired by prescription drugs, illegal substances, or a combination of intoxicants that impacts their ability to drive safely. The law’s focus here is on the significant impairment of judgment, reaction times, and overall ability to operate a vehicle responsibly.
For commercial drivers, the stakes are even higher—the legal BAC threshold is just 0.04%, given the increased responsibility tied to operating larger vehicles. Repeat offenses and more extreme BAC levels further escalate penalties, from license suspensions to jail time.
A DWI is a lesser charge compared to DUI. A driver might face DWI charges if their BAC is between 0.04% and 0.07% or if they show signs of impairment, even when below the legal BAC limit. This could include behaviors like swerving, erratic braking, or slow reaction times, often observed by police during a traffic stop.
DWI charges don’t rely solely on blood alcohol content. An officer’s testimony or other evidence, such as poor performance on field sobriety tests, can be enough for a conviction. This makes DWI charges more subjective but still enforceable under Maryland law.
For many, DWIs are a gray area. They signal some impairment but not necessarily the extreme levels associated with DUIs.
Legal Consequences of DUIs and DWIs
While both offenses are serious, the penalties differ significantly.
Maryland DUI Penalties
A DUI charge in Maryland carries some of the state’s harshest penalties for impaired driving. Here’s what you could face if convicted:
- Fines: For a first DUI offense, fines can reach up to $1,000. Repeat offenses come with higher costs—up to $3,000 for a third conviction.
- License Suspension: Your driver’s license could be suspended for six months or more for a first offense. Beyond that, second offenses result in one-year suspensions, and additional convictions carry even harsher terms.
- Jail Time: First-time offenders face up to one year in jail. Repeat violations could lead to up to three years.
- Points on Driving Record: A DUI conviction adds 12 points to your record, triggering an automatic license revocation.
- Ignition Interlock Device: In some cases, you may be required to install this device, which prevents your car from starting without a clean breathalyzer test.
The penalties are even worse for offenses involving extremely high blood alcohol content, repeat violations, or if your impaired driving caused injuries or death.
Maryland DWI Penalties
A DWI conviction generally carries lighter penalties compared to a DUI. The consequences include:
- Fines: First-time offenders face fines up to $500, while repeat offenses can lead to $500-$1,000 in fines.
- License Suspension: Your license may be suspended for 60 days on a first offense. For a second offense, the suspension could last up to nine months.
- Jail Time: First offenses could result in up to two months in jail, while second offenses may lead to up to one year.
- Points on Driving Record: A DWI conviction adds 8 points to your driving record, which is often enough for license suspension.
While less severe than DUI penalties, a DWI still has consequences.
Comparison of DUI DWI Penalties
So, how do the penalties for DUI and DWI stack up against each other in Maryland?
- Fines. DUI fines start at double the amount of DWI fines. For repeat offenses, the gap widens significantly.
- License Consequences. DUI penalties almost always come with longer suspensions or outright revocations, especially for repeat offenders.
- Jail Time. A DUI conviction can land you behind bars for up to a year, while a DWI typically maxes out at two months for a first offense.
- Points on Driving Record. DUI charges add 12 points, enough to revoke your license immediately. DWI convictions add 8 points, which may still lead to suspension but not revocation on the first offense.
If you’re comparing the two, a DUI is undeniably the harsher charge. Maryland’s strict interpretation of the .08% BAC limit reflects concern for public safety, which is why a DUI carries significantly stronger punishments. However, a DWI can have lasting consequences, impacting your ability to drive, your finances, and even your career.
Impact on Driving Record and Insurance
When charged with a DUI or DWI in Maryland, the consequences extend beyond fines and jail time. These offenses affect your driving record and your car insurance rates.
A DUI adds 12 points to your driving record in Maryland—enough to automatically revoke your license. Once your license is revoked, reinstating it involves a lengthy and costly process. Additionally, a DUI stays on your record for life, meaning it can show up for years when employers or insurers review your history.
A DWI results in 8 points on your record, which is usually enough to suspend your license but doesn’t trigger an automatic revocation. While lesser than a DUI, a DWI also remains permanently on your record and serves as a red flag to insurance companies or potential employers.
The bottom line is that a DUI does more damage to your driving record compared to a DWI. However, both affect your driving privileges.
Your insurance rates can spike dramatically after a DUI or DWI conviction because insurers view you as a high-risk driver.
A DUI can raise your premiums by 100% or more, depending on the severity of the case and your driving history. Even if you’ve been a safe driver in the past, a single DUI conviction puts you in a higher risk category, causing a major financial setback. Some insurers may even cancel your policy outright.
While slightly less severe than a DUI, a DWI still prompts rate increases ranging from 50% to 80%. Insurers treat DWIs seriously because they indicate impaired judgment and potential threat on the road.
In some cases, drivers convicted of either charge may be required to obtain SR-22 Insurance, which is a certificate proving you meet Maryland's minimum insurance requirements. This coverage is costly and limited to high-risk plans.
The effects of a DUI or DWI on your insurance aren’t temporary. Most insurers will continue to penalize you for three to five years, though some may use the conviction against you for even longer.
In short, a DUI is worse for your insurance than a DWI, but both are costly mistakes that lead to years of inflated premiums.
DUI, DWI Employment Challenges
While immediate penalties like fines or jail time may be top of mind, other consequences should also be considered. These include challenges in finding employment and the possible stigma of having a criminal record.
A DUI or DWI conviction can create significant hurdles for you in the job market. Employers often conduct background checks, and a criminal record — especially one involving impaired driving — can raise red flags.
A DUI or DWI could negatively affect the security of your present job. Many employers view these convictions as a liability. Jobs requiring a clean driving record, such as delivery or trucking positions, are particularly impacted. If you’re in a professional field such as law, medicine, and education, your professional license or certification could be revoked or denied at renewal.
A DUI/DWI Lawyer Can Help
When comparing DUIs and DWIs in Maryland, it’s clear that both offenses carry serious legal and employment consequences. If you're facing a DWI/DUI charge, an impaired driving lawyer can help. The criminal defense attorneys at Maronick Law LLC have experience with Annapolis, Baltimore, Bel Air, Essex, Ocean City, Towson, and White Marsh drunk driving charges. A DWI/DUI defense attorney will look for the best defense, examining your case for opportunities to get the charges dismissed or reduced. Consultations are free.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at 410-244-5068 or use the website.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.