When drivers are arrested for DUI, their location can make a significant difference. Even though Maryland and Washington, DC, border each other, the laws governing “Driving Under the Influence (DUI)” differ considerably between the two jurisdictions. If you commute between the two, it’s important for you to understand the distinctions.
Common Elements of Impaired Driving in Maryland and D.C.
The laws of Maryland and Washington, DC state that it’s illegal for you to drive with a blood alcohol concentration (BAC) of .08% or more. A .08% BAC is the legal limit for intoxication in the United States and most other countries. This means that it’s considered legally impaired to operate a vehicle with a BAC of .08 or higher. At this level, drivers often show signs of intoxication such as slurred speech, impaired coordination, and slowed reaction time. However, you can be arrested in both jurisdictions for driving with an even lower BAC.
Impairment in DC and Maryland isn’t just about numbers. Maryland’s laws also cover impairment by drugs and "combination" impairment — which can include both alcohol and drugs. Officers look for signs like erratic driving, slurred speech, or failed sobriety tests.
Authorities must have a good reason to stop you in both jurisdictions.
Both areas have implied consent laws, which mean that drivers must submit to breath, blood, or urine tests if suspected of drinking and driving. While you can refuse the tests, you will be penalized in both Maryland and DC if you refuse to take a breath or chemical test.
After that, the laws vary widely depending on where you are charged.
Understanding DUI Charges in Maryland
Maryland classifies DUI as driving with a blood alcohol concentration (BAC) of .08% or higher.
Penalties for a first-time DUI conviction in Maryland include:
- Up to one year in jail
- A maximum fine of $1,000
- License suspension of up to six months
- Possible requirement of an ignition interlock device
Repeat offenders face increased penalties, including mandatory jail time, higher fines, longer suspensions, and compulsory use of ignition interlock devices.
The state also recognizes a lesser offense known as “Driving While Impaired” (DWI), which typically involves a lower BAC between .07% and .08%.
Generally, a DUI conviction in Maryland is a misdemeanor, even if it involves drugs or is a first, second or third conviction or involves injuries.
Understanding DUI Charges in Washington, DC
In DC, “Driving While Intoxicated” (DWI) applies to a person having a statutorily prohibited blood alcohol concentration (BAC) of .08 or higher. In a DC DWI, you can be convicted in court based solely on breath, blood or urine results without a field sobriety test. If your BAC is higher than .08%, you may get hit with additional punishment such as mandatory jail time.
“Driving Under the Influence (DUI)” in DC means driving while under the influence of alcohol, drugs, or a combination of drugs and alcohol.
DUI applies to a person having a blood alcohol concentration of .07% or lower. Under the DC Code, a driver can be charged with a DUI offense if, in addition to a BAC reading, the officer has other signs of impairment, such as an observation of erratic driving or the driver fails field sobriety tests.
The District has stricter BAC limits for commercial drivers (.04%) and a zero-tolerance policy (.00%) for drivers under 21.
Penalties for a first-time DUI conviction in DC include:
- Up to 180 days in jail
- A maximum fine of $1,000
- License revocation for at least six months
- Possible mandatory alcohol education or treatment programs
Repeat DUI convictions in DC bring harsher penalties, including mandatory minimum jail terms, significantly increased fines, and extended periods of license revocation.
In DC, you can also be convicted of “Operating While Impaired (OWI).” OWI is the easiest of the DC drunk driving charges to prove because it involves minor drug or alcohol consumption and impairment, as little as .02% BAC. Authorities have to prove that you operated the vehicle while impaired by alcohol or drugs. An OWI is not recognized by every state.
OWI punishment for a first conviction includes a $500 fine and a maximum possible jail sentence of ninety days.
Key Differences between Maryland and DC DUIs
Penalties
While maximum fines for first-time offenses in Maryland and DC are similar ($1,000), Maryland allows for up to one year in jail compared to DC’s maximum of 180 days.
License-related penalties differ too: Maryland typically suspends licenses, whereas DC revokes driving privileges, requiring drivers to formally reapply after the revocation period ends.
Legal Procedures
In Maryland, DUI arrests lead to administrative hearings through the Motor Vehicle Administration and criminal court proceedings. Drivers must request an administrative hearing within a tight timeframe (usually 10 days) to preserve driving privileges.
In DC, similarly strict deadlines apply, but the DMV hearings differ procedurally, and courts emphasize diversion programs or rehabilitative measures for some first-time offenders.
Diversion and Alternative Sentencing
Maryland offers options such as “Probation Before Judgment (PBJ).” This allows you to avoid a DUI conviction if you successfully complete probation. DC, meanwhile, has diversion programs focused heavily on rehabilitation and community-based alternatives.
Long-Term Consequences
Maryland DUI convictions appear on criminal records and can influence insurance premiums and employment prospects for many years. DC DUI convictions similarly appear on criminal records, but the District’s greater emphasis on rehabilitation and diversion programs can sometimes help drivers minimize long-term damage.
A Tale of Two Impaired Drivers -- One in D.C. and the Other in Maryland
Consider two hypothetical drivers, each arrested with identical BAC levels (.09%), one in Bethesda, Maryland, and the other in Northwest DC. The Maryland driver might avoid a conviction through a PBJ. However, the DC driver might face mandatory license revocation and have to complete alcohol education or rehabilitation programs before regaining driving privileges.
Defense Strategies
A typical approach in Maryland of pursuing a PBJ may not be available or effective in DC. A defense strategy leveraging DC’s diversion programs might not translate to Maryland’s courts.
A Drunk Driving Lawyer Can Help
As you can see, the location of a DUI arrest matters in determining penalties, available defenses, and long-term consequences. If you’re facing DUI charges in Maryland or DC, you need an attorney with knowledge of each jurisdiction’s laws and defense strategies. Contact our experienced criminal defense attorneys today to discuss your case and protect your rights.
If you’ve been accused of drunk driving, the attorneys at Maronick Law LLC can help. We can represent you in Annapolis, Baltimore, Bel Air, Essex, Glen Burnie, Ocean City, Towson, White Marsh and Washington, DC impaired driving matters.
We can meet with you remotely if you have access to Zoom. You can contact the law office at 410-244-5068 or via our website for a free consultation.