DUI vs. DWI in Maryland: What’s the Difference? | Timoll Law Group, Baltimore

Aug 26 2025 14:00

If you’ve been pulled over in Maryland and charged with impaired driving, you may have heard two different acronyms: DUI and DWI. Although people often use them interchangeably, under Maryland law they are two distinct charges, with different penalties and legal implications.

At Timoll Law Group, we believe informed clients make stronger legal partners. Here's what every Baltimore driver should know.

⚖️ The Legal Definitions: DUI vs. DWI

🔹 DUI (Driving Under the Influence)

  • The more serious charge in Maryland.

  • You may be charged with a DUI if your Blood Alcohol Content (BAC) is 0.08% or higher.

  • Also applies if you're impaired by alcohol, drugs (including marijuana), or a combination, to the point that your normal coordination is substantially impaired.

🔸 DWI (Driving While Impaired)

  • Considered a lesser offense than DUI.

  • You may be charged with a DWI if your BAC is 0.07%, or if your ability to drive is noticeably impaired, even if below the legal limit.

  • Typically used when there isn’t enough evidence for a DUI, but impairment is still observed.

Bottom line: A DUI means you are clearly above the legal limit or dangerously impaired. A DWI suggests less alcohol or impairment, but still enough to affect safe driving.

🧪 How Police Determine Which Charge Applies

Law enforcement uses a mix of:

  • Breathalyzer or blood test results

  • Field sobriety tests(e.g., walk-and-turn, one-leg stand)

  • Officer observations(bloodshot eyes, slurred speech, odor of alcohol, etc.)

These factors, along with your BAC, determine whether you’re charged with a DUI or DWI.

🚨 Penalties in Maryland

1️⃣ DUI First Offense

  • Up to 1 year in jail

  • Up to $1,000 fine

  • 12 points on your license

  • License revocation for up to 6 months

  • Possible ignition interlock device

2️⃣ DUI Second Offense

  • Up to 2 years in jail

  • Up to $2,000 fine

  • Longer license suspension or revocation

  • Mandatory alcohol education or treatment

1️⃣ DWI First Offense

  • Up to 60 days in jail

  • Up to $500 fine

  • 8 points on your license

  • License suspension up to 60 days

2️⃣ DWI Second Offense

  • Up to 1 year in jail

  • Up to $500 fine

  • Possible license revocation

  • Increased likelihood of alcohol abuse treatment requirements

❗ Aggravating Factors Can Increase Penalties

  • DUI/DWI with a minor in the vehicle

  • Accidents causing injury or death

  • Refusal to take a breath or blood test

  • Prior convictions within the past 5 years

These can elevate the charge or increase the jail time, fines, and license consequences.

👨‍⚖️ Why You Need a DUI/DWI Defense Attorney in Baltimore

Even a first-time DUI or DWI can result in serious consequences that impact your license, job, and insurance. Maryland prosecutors treat these offenses seriously—especially in urban areas like Baltimore with higher traffic volume and crash risk.

At Timoll Law Group, we work to:

  • Challenge field sobriety or chemical test results

  • Examine whether your stop or arrest was legal

  • Negotiate for reduced charges or participation in diversion programs

  • Protect your driving privileges and clean record

🛑 Don’t Assume You’re Guilty

Many clients mistakenly believe that if they failed a breath test, their case is hopeless. In reality, timing, machine calibration, police error, and medical conditions can all impact the validity of test results or arrest procedures.

You still have rights. We’ll help you use them.

📍 Timoll Law Group: Baltimore’s Trusted DUI/DWI Defense Firm

Whether you’re facing a DUI or DWI in Maryland, Jason Timoll and his team offer strong, strategic defense rooted in compassion and legal know-how.