DUI vs. DWI

DUI

Maryland has a two tier drunk driving statute, DUI and DWI. Driving under the influence (DUI) is the highest alcohol infraction. Driving under the influence means that the driver was driving or otherwise operating a motor vehicle while their normal coordination was substantially impaired. In Maryland, the offense is extremely severe in the sense that 12 points are automatically marked against your license and results in the immediate revocation of your license. Officer judgment is a major factor when being charged with DUI. The monetary fine for a first offense is $1,000, and $2,000 for a second offense. But these costs are nothing compared to the money involved with going to court and/or the increase in your auto insurance rates.

DWI

In contrast to DUI, being charged in Maryland with driving while intoxicated (DWI) is a lesser offense, but still a serious offense. Driving while impaired means that the driver was operating a motor vehicle while their normal coordination was somewhat impaired. Generally, if your BAC is between .04% and .07%, you can be charged with a DUI; however, drivers under 21 years of age may be charged with a BAC as little as .02%. The end result is 8 points against your driving record and a $500 fine (for both a first and second offense). Jail time can range from 60 days for the first offense and more time for the second offense.

In addition, Maryland has a DWI per se offense, meaning that the driver was operating a motor vehicle with a BAC over .08. If the accused submits to a breath test, and the reading is above .08, the officer may charge the defendant with all three offenses.

If a driver refuses the chemical test, or if the test results don’t come into evidence for some other reason, the State must prove through other observational or testimonial evidence that the driver was operating a motor vehicle while their normal coordination was substantially impaired to prove DUI, or somewhat impaired to prove DWI.