What Is the Difference Between DUI and DWI in Maryland?

 Posted on September 04, 2025 in DUI Defense

A common misconception is that driving under the influence (DUI) and driving while impaired (DWI) are interchangeable terms in Maryland. While both charges carry serious penalties, the differences come down to the level of impairment and the evidence prosecutors can present in court. If you are accused of either offense, a Gaithersburg, MD DUI defense attorney can explain your rights and help you build a strong defense.

DUI vs. DWI Under Maryland Law

Under Md. Code, Transportation § 21-902, you cannot drive or attempt to drive while you are under the influence of alcohol or impaired by drugs. A DUI is more severe than a DWI, and it usually applies when a driver’s blood alcohol concentration (BAC) is 0.08 percent or higher. At this level, prosecutors do not need to prove actual impairment. The BAC result is enough for you to be charged.

A DWI, on the other hand, applies when a driver’s BAC is 0.07 percent or when an officer observes signs of impaired driving, even if the BAC is below 0.08. DWI is still a criminal offense, but the penalties are less severe than for a DUI. Regardless, a conviction can affect your driver’s license, job opportunities, and reputation.

Keep in mind that Maryland law also makes it illegal to drive while impaired by controlled substances. This means a person can face charges even without alcohol in their system if drugs, whether prescription or illegal, are shown to affect their ability to drive safely.

How Can You Fight a DUI or DWI Charge in Maryland?

The right defense depends on the facts of your arrest. However, some common arguments include:

• Unlawful traffic stop: Police must have reasonable suspicion to pull you over. If that standard was not met, the stop may have been unlawful.

• Breath test errors: Some tests can produce a false positive for several reasons, including improper calibration, medical conditions such as acid reflux or diabetes, or residual alcohol in the mouth.

• Problematic field sobriety tests: These tests can be inaccurate if the officer gives unclear instructions or if conditions like poor lighting or uneven pavement interfere.

• Medical conditions: Certain health issues or medications can mimic intoxication symptoms, such as unsteady balance or slurred speech.

• No actual control of the vehicle: If you were not driving or not in a position to operate the vehicle, the prosecution may struggle to prove its case.

What Happens if This Is Not Your First DUI/DWI Arrest in Maryland?

Penalties increase sharply if you have prior convictions. A first-time DUI may result in up to one year in jail, fines, and a license suspension. A second offense can be penalized with up to two years in jail and longer license consequences. Judges also have the option of ordering alcohol education programs, ignition interlock devices, or probation.

Repeat offenses indicate a pattern of behavior that courts take seriously. A prior conviction, even one from several years ago, can raise the stakes in sentencing. A lawyer can advocate for alternatives to jail, such as treatment programs, and work to minimize the long-term consequences.

Schedule a Free Consultation With a Rockville, MD DUI Defense Attorney

DUI and DWI charges carry penalties that can affect nearly every part of your life, from your ability to drive to your employment opportunities. With more than 30 years of combined experience, our team at Arrested for a DUI, LLC has built a strong record of helping clients move forward after an arrest. If you have questions about your case, our knowledgeable Gaithersburg, MD DUI defense lawyers can examine the evidence and fight for the best possible outcome.

We are also proud advocates of the Hispanic community, frequently engaging in conversations about local and national issues that impact Latin Americans and immigrants. Call us today at 301-479-5466 to schedule a free consultation. Se habla Español.