If you’ve been arrested for driving under the influence in Maryland, one of the first questions you might ask is: Was I charged with DUI or DWI—and what’s the difference? Although these terms are often used interchangeably, they carry distinct legal meanings and consequences under Maryland law.
Understanding which charge you’re facing—and how serious it is—can have a significant impact on your defense strategy, the penalties you might face, and your ability to protect your future. At Hartman Attorneys at Law in Annapolis, we help clients across Anne Arundel County and beyond navigate the complex differences between DUI and DWI charges and fight aggressively to reduce or dismiss the consequences.
DUI and DWI in Maryland: Defined
In Maryland, both DUI and DWI refer to impaired driving, but the severity of the charges—and the blood alcohol content (BAC) thresholds—are different.
Driving Under the Influence (DUI)
DUI stands for Driving Under the Influence of Alcohol and is considered a more serious offense.
You can be charged with DUI in Maryland if:
- Your BAC is 0.08% or higher (known as DUI per se), or
- An officer determines that you were substantially impaired by alcohol, regardless of BAC
DUI is typically charged when your BAC is at or above the legal limit, or when there’s strong evidence that your ability to drive was significantly impaired.
Driving While Impaired (DWI)
DWI stands for Driving While Impaired by Alcohol or Drugs and is a less severe charge, but still a criminal offense.
You can be charged with DWI if:
- Your BAC is between 0.04% and 0.07%, or
- There is evidence of slight impairment, even if your BAC is below 0.08%
Officers often use field sobriety tests, dashcam footage, and witness statements to support a DWI charge when chemical evidence is borderline.
Penalties: DUI vs. DWI in Maryland
The penalties for DUI and DWI in Maryland can be serious—even for a first-time offense—but DUI convictions carry harsher criminal and administrative consequences.
DUI Penalties (First Offense)
- Up to one year in jail
- Up to $1,000 in fines
- 12 points on your driving record
- License revocation for up to 6 months
- Mandatory enrollment in an alcohol education or treatment program
- Possible installation of an ignition interlock device
DWI Penalties (First Offense)
- Up to 60 days in jail
- Up to $500 in fines
- Eight points on your driving record
- License suspension for up to 60 days
- Possible referral to an alcohol education program
Repeat offenses, high BAC levels, driving with minors in the vehicle, or causing an accident can trigger enhanced penalties, including longer jail terms and mandatory ignition interlock requirements.
Why the Distinction Matters
Understanding whether you’ve been charged with DUI or DWI is more than a legal technicality—it affects everything from the judge’s perception to your long-term record.
Here’s why it matters:
- DUI is a higher-tier misdemeanor and stays on your permanent criminal record
- A DUI may disqualify you from certain jobs, security clearances, or licenses
- DWI, while still a criminal charge, may offer more flexibility in plea negotiations
- Courts and prosecutors often approach DUI cases more aggressively
- DUI convictions can lead to higher insurance premiums and longer MVA penalties
An experienced Annapolis DUI attorney can often seek to have a DUI reduced to a DWI, especially for first-time offenders or when BAC results are borderline. This reduction can significantly lessen the impact on your life.
Defending Against DUI and DWI Charges in Annapolis
Whether you were charged with DUI or DWI in Maryland, you have the right to a defense, and that defense can make the difference between a conviction and a second chance.
At Hartman Attorneys at Law, we bring decades of courtroom experience, including as a former prosecutor, to every case. We understand how Maryland law enforcement investigates these offenses and how prosecutors build their cases—and we utilize this knowledge to challenge weak evidence, improper procedures, and unfair charges.
Our Annapolis DUI defense services include:
- Challenging breathalyzer or field sobriety test results
- Investigating whether the traffic stop was lawful
- Contesting the accuracy of BAC evidence
- Representing you at MVA hearings to protect your license
- Negotiating for reduced charges or diversion programs
And because DUI arrests don’t wait for office hours, we offer 24/7 availability and direct attorney access from the start.
Arrested for DUI or DWI in Maryland? Don’t Wait.
No matter what your BAC was or how your arrest unfolded, the best thing you can do is speak with a knowledgeable defense attorney right away. Whether you’re in Annapolis, Glen Burnie, or elsewhere in Anne Arundel County, we’re ready to help.
Contact Hartman Attorneys at Law today to schedule a free and confidential consultation. We’ll explain your charges, break down your options, and start building a defense that works for you.