While many think of DUI and DWI as the same thing and have probably used them interchangeably at some point, the two terms are actually totally distinct offenses that are independent of each other and carry different weight in court.
In Maryland, the two carry different penalties so it is important to know the difference. Knowing the specific rules of your state is important to knowing your rights.
DUI and DWI charges are not classified as felonies in Maryland but are treated with extreme scrutiny. It is important to know the difference between the two and the penalties that each can carry. It is always recommended to get competent and knowledgeable representation for criminal cases to help you fight the charges with experienced legal counsel.
Let’s first go over the difference between a DUI and a DWI in Maryland:
A DUI means “driving under the influence” and carries a more severe penalty if charged. A DUI means the person has a BAC (blood alcohol concentration) of .08 or higher and that person is deemed legally intoxicated. With a BAC of .08, the state of Maryland considers you to be under the influence of alcohol “per se.”
“Per se” means that the court wouldn’t have to provide any other evidence of your drinking, such as the smell of alcohol on your breath or a failed field sobriety test. Also note that intoxicated does not only pertain to alcohol, it can also mean drugs and other substances.
A DWI means “driving while impaired” and while the two charges sound similar, a DWI is the lesser offense. A DWI means the person has a BAC of .06 or .07. You can also be charged with DWI for impairment by drugs (even legal prescription drugs).
Things to take into consideration about the DWI/DUI laws:
- It is also a crime to drive while impaired by drugs (even legal drugs), and alcohol. Also, marijuana for recreational use is illegal in Maryland and even if you have a medical marijuana card, you can still get a DUI for being under the influence if stopped. Any combination of drugs that could impair your driving is illegal in Maryland.
- Commercial drivers (who have a CDL) are held to a higher standard when getting stopped for drunk driving. The legal limit for a commercial driver is a .04 and if caught, they face losing their license and could ultimately lose their jobs if they can’t drive for a period of time.
- Having a child in the car at the time of the DUI/DWI will carry extra, more harsh penalties.
- Refusing to take a breathalyzer test could result in a 120-day suspension of your Maryland driver’s license and the findings could be admissible in a court of law.
As with the definitions, the penalties for DUI/DWI offenses are also different:
DUI Penalties: The offending driver can face a myriad of penalties, even for their first offense. The first offense includes a minimum driver’s license suspension of 45 days, $1000 in fines, 12 months in jail and 12 points on their Maryland driver’s license. The second offense is harsher, with penalties of two year in jail, $2000 in fines, 12 month driver’s license suspension and 12 points on their Maryland driver’s license.
DWI Penalties: The offending driver can face penalties just like in a DUI, but to a lesser extent. A DWI can have a person’s Maryland driver’s license suspended up to 60 days, fines up to $500 imposed, 8 points on their driver’s license and up to two months in jail. For the second offense, the person can face up to one year in jail, one year driver’s license suspension, $500 in files and 8 points on their Maryland driver’s license.
A refusal to take a breathalyzer test in Maryland may result in a 120-day driver’s license suspension, plus the refusal may be admissible in court against those accused of violating Maryland DUI or DWI laws.
Jeremy Widder Law is on Your Side
While we all try our best, no one is perfect. You want to make sure you have the best representation during such a difficult and stressful time.
At Jeremy Widder Law, we have experience in a wide range of legal practice areas, and we specialize in substance related offenses. If you or someone you love is facing a substance related offense, we’re on your side.
We’re ready to help. Let’s talk.
