Each state has specific laws related to driving a motor vehicle after consuming alcohol and/or drugs. States use various terms to describe the criminal act of operating a motor vehicle while intoxicated or impaired. Some states use DUI and DWI interchangeably. However, there is a difference between a DWI and a DUI in Maryland that every driver should know.
What Is the Difference Between a DWI and a DUI in Maryland?
Both DUI and DWI refer to operating a motor vehicle while you are intoxicated or impaired. However, the criminal charges have different legal elements and carry different penalties for convictions. The difference between DWI and DUI in Maryland can be explained by examining the legal elements required to commit the crime.
DUI Charges in Maryland
DUI, or driving under the influence, is a criminal charge used when a driver’s BAC (blood alcohol content) is above the legal limit. The legal limit for BAC is .08% in Maryland, which is the national legal limit for drunk driving.
If your BAC is above the legal limit, you are presumed to be too intoxicated to operate a motor vehicle safely. The legal term would be DUI per se or driving under the influence per se. You can also be charged with DUI if you display substantial impairment and have alcohol in your system.
DUI is not limited to alcohol. If you have drugs in your system, you can be arrested for DUI if the drugs impair your ability to operate a motor vehicle safely.
DWI Charges in Maryland
DWI, or driving while impaired, is a lesser charge in Maryland than DUI. You can be charged with DWI if your BAC is between .06% and .08%. Generally, drivers pass the breath test because their BAC is below the legal limit, but they exhibit signs of impairment. Signs of impairment for a DWI may include failing field sobriety tests (FSTs).
What Is the Difference Between a DWI and a DUI Conviction in Maryland?
The penalties for convictions of DWI and DUI are slightly different.
Penalties for a DUI Conviction in Maryland
Convictions for DUI can be severe and result in harsher penalties for intoxicated driving. A first-time DUI conviction can serve up to one year in jail and pay a maximum fine of $1,000. The jail sentence increases to two years for a second DUI conviction and three years for a third DUI conviction. The fines also increase by $1,000 per conviction.
The Maryland Motor Vehicle Administration (MVA) assigns 12 points to your driver’s license for a DUI conviction. These points could be enough to result in the revocation of your driver’s license for six months for a first offense. You could also be required to install an ignition interlock device (IID) in your vehicle.
Penalties for a DWI Conviction in Maryland
A conviction for DWI results in a lesser sentence. However, you can still serve up to 60 days in jail and pay a $500 fine for a first-time DWI conviction. A second DWI conviction could result in up to a year in jail. The MVA assigns 8 points against your driver’s license for a DWI conviction.
Are There Defense Strategies for DUI and DWI Charges in Maryland?
Regardless of whether you are charged with DWI or DUI, it is wise to seek legal advice from an experienced Maryland DUI attorney. Legal representation in DUI and DWI cases can have a significant impact on the outcome of your criminal case. Experienced DWI lawyers analyze the evidence against you to determine the best legal options for a defense.
Potential defenses to DWI and DUI charges in Maryland include:
- Challenging the results of chemical tests for BAC and breathalyzers
- Questions whether the police officer had probable cause for a DUI traffic stop
- Argue the officers violated your constitutional rights
- Present evidence refuting the allegations that you were intoxicated or impaired
- Challenge the results of a field sobriety test (FST)
- Alleging that a medical condition affected your driving or the results of your BAC results
- Challenging the chain of custody and/or handling of evidence
- Evidence of a false-positive blood test
There could be other defenses to DUI and DWI charges.
Contact Alpert Schreyer Criminal Defense Attorneys For Help
Contact Alpert Schreyer Criminal Defense Attorneys to discuss your charges. We can listen to your story, explain your charges, and find defenses that might apply in your case to give you the best chance at reduced or even dropped charges. Your initial consultation with a Maryland DUI defense attorney is free of charge.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771