DUI vs. DWI in Maryland: What's the Difference?

If you are charged with driving under the influence (DUI) or driving while impaired (DWI) in Maryland, you may wonder what the difference is. More importantly, you probably wonder what it means for your case. While terms are sometimes used interchangeably in everyday conversation, Maryland law treats them a different offenses. 

Knowing the difference can help you better understand what you are facing after an impaired-driving arrest.

What Is a DUI in Maryland?

Driving Under the Influence of Alcohol (DUI) is generally the more serious of Maryland's two traditional alcohol-impaired driving offenses.

A person may be charged with DUI when they are driving while impaired by alcohol. Maryland law also addresses impairment caused by drugs or a combination of alcohol and drugs.

A DUI charge does not necessarily require a person to have a blood alcohol concentration (BAC) of .08 or higher. A driver's level of impairment and the circumstances surrounding the traffic stop could also be relevant. The distinction between the two charges can matter because the potential penalties and consequences can vary depending on the offense, the driver's history, and other factors. 

What Is a DWI in Maryland?

Driving While Impaired by Alcohol (DWI) generally involves a lower level of alcohol impairment than a DUI.

Maryland law provides that a person may not drive or attempt to drive while impaired by alcohol. A DWI charge can still have serious consequences, even though it involves a lower level of impairment than a DUI.

For drivers who are under 21, commercial drivers, and people facing other circumstances, different rules and restrictions may apply.

What About Maryland's .08 BAC Limit?

Many people assume that a BAC of .08 automatically means they will be charged with DUI. 

Most of the time, for drivers who are at least 21 years old and not commercial drivers, a BAC of .08 or higher can provide evidence of driving under the influence. However, a chemical test result is only one piece of evidence that may be considered in an impaired-driving case. Other evidence can include an officer's observations, field sobriety testing, statements, video footage, witness testimony, and other circumstances surrounding the traffic stop.

What If You Were Stopped in Ocean City, Maryland? 

Ocean City, Maryland sees significant increases in traffic and visitors during certain times of the year, weekends, and special events. Impaired-driving enforcement can be an important concern for both residents and visitors.

If you are arrested for DUI or DWI in Ocean City or elsewhere in Worcester County, the case may involve both court-related issues and potential Maryland driver's license consequences.

But remember, a charge is not the same thing as a conviction. The facts and evidence in each case are different, and an attorney can review the circumstances surrounding the stop, arrest, testing, and charges.

Both Charges Should Be Taken Seriously

A DUI or DWI charge can impact much more than your ability to drive. Depending on the circumstances, it may involve court proceedings, licensing consequences, financial costs, insurance issues, and other potential penalties.

If you have been charged with DUI or DWI in Maryland, understanding the specific charge and the evidence involved is an important first step.

Steve Rakow has over 29 years of legal experience, and specializes in alcohol related offenses. If you are facing an impaired-driving charge, call 410-600-3075 to discuss your situation and learn more about your legal options.