Are DUI And DWI The Same In Maryland

 Posted on July 08, 2026 in DUI & DWI

DUI and DWI are not the same thing in Maryland. You may hear the terms used interchangeably. However, Maryland law treats them as two separate offenses. The distinction can affect everything from the penalties you face to the strategies available to fight the case. If you are dealing with a DUI or DWI charge in 2026, our Annapolis, MD criminal defense lawyers can help you understand exactly what you are up against and build the strongest possible defense.

What Is the Difference Between DUI and DWI in Maryland?

In Maryland, both DUI and DWI charges involve driving under the influence of alcohol or drugs, but they reflect different levels of impairment.

DWI stands for Driving While Impaired. It is the less severe of the two charges. Under Maryland Transportation Article Section 21-902(b), a person can be charged with DWI when their ability to drive is impaired by alcohol or drugs, even if their blood alcohol concentration is below the legal limit of 0.08. A BAC between 0.04 and 0.07 can support a DWI charge based on observed impairment.

DUI stands for Driving Under the Influence. It is the more severe charge. Under Maryland Transportation Article Section 21-902(a), a person is charged with DUI when they are driving while under the influence of alcohol to the extent that they cannot drive safely. A BAC of 0.08 or higher means the person was driving under the influence.

What Are the Penalties for DWI in Maryland?

Even though DWI is the lesser charge, it still carries real consequences that can affect your life in meaningful ways.

For a first-offense DWI in Maryland, you can face up to 60 days in jail, a fine of up to $500, and eight points on your driving record. Eight points trigger a license suspension. A second DWI offense within five years carries up to one year in jail and a fine of up to $500. Additional DWI convictions can lead to longer jail sentences and other enhanced penalties under Maryland law.

Beyond the legal penalties, a DWI conviction goes on your permanent record and can affect your employment, your insurance rates, and your professional licenses.

What Are the Penalties for DUI in Maryland?

DUI carries significantly harsher penalties than DWI because it reflects a higher level of impairment.

For a first-offense DUI, you can face up to one year in jail, a fine of up to $1,000, and 12 points on your driving record. Twelve points result in a license revocation. A second DUI offense within five years carries up to two years in jail and a fine of up to $2,000. A third or subsequent offense increases those penalties further and can result in mandatory minimum jail time.

If the offense involved transporting a minor while under the influence or impaired by alcohol, Maryland law provides enhanced penalties, including increased fines and possible additional jail time.

What Defenses Are Available Against DUI and DWI Charges in Maryland?

The defenses available in a DUI or DWI case depend on the specific facts of what happened. Your attorney will look at every part of the stop and arrest to find the strongest arguments available to you.

Every DUI and DWI case is different. However, there are several areas your attorney will examine closely when building your defense:

• Whether the officer had a legally valid reason to pull you over in the first place
• Whether field sobriety tests were given correctly and whether outside factors like uneven pavement, poor lighting, or a medical condition affected how you performed
• Whether the breathalyzer device was properly calibrated and maintained at the time of your test
• Whether any medical conditions or other factors could explain an elevated reading that had nothing to do with alcohol
• Whether the officer maintained the required observation period before administering the breath test

Under Maryland Transportation Article Section 16-205.1, breath testing has to follow specific procedures. Any deviation from those procedures is a potential basis for challenging the result. If key evidence is suppressed, the prosecution's case can be significantly weakened or eliminated entirely.

Contact Our Queen Anne’s County DUI/DWI Defense Attorneys

Whether you are facing a DUI or a DWI, you deserve a legal team with the experience and knowledge to fight for your rights. Our Annapolis, MD criminal defense lawyers bring over 50 years of combined legal experience to every case and handle most cases on a flat fee basis so you know exactly what your representation will cost from the start. Contact Henley & Henley, Attorneys at Law, at 410-280-0530 to discuss your case today.