What Is the Difference Between DWI and DUI in Maryland?

What Is the Difference Between DWI and DUI in Maryland?

A DWI usually refers to driving while impaired, and a person may be slapped with the charge if their blood alcohol concentration (BAC) is found to be between 0.07 and 0.08 percent.

If you are charged with a DWI, you will usually have to pass a breath test to determine if you are under the legal limit. It is important to note that most drivers’ blood alcohol concentration tests usually come under the legal limit, but they often have other indications of impairment, such as erratic driving and failing a field sobriety test.

According to the DWI laws, such impairment is deemed dangerous, and hence anyone found guilty may face license suspension in addition to possible sanctions. Contact a Silver Springs criminal attorney for more information.

Difference Between DUI vs. DWI Conviction

When a person is arrested for a DWI or DUI or both DUI and DWI, they will be charged with a misdemeanor and have to go to court.

However, if one is convicted of a DWI or DUI charge, they will face the prospect of jail time or have to pay a hefty fine. Fines could range from as low as $500 to a high of $5,000, while the jail sentence could be between two months up to five years.

If one is found guilty of a DUI or DWI while transporting minors, jail terms could be much longer. It is also important to note that there are increased penalties for DUI and DWI for subsequent convictions.

Which Is Worse: A DUI or DWI?

Driving under the influence is prohibited in the State of Maryland. If you break the law and a police officer stops you, you may be sentenced to jail or fined.

Who Initiates DUI/DWI Charges?

 In Maryland, DUI and DWI charges are initiated primarily by law enforcement officers. A charge typically begins during a traffic stop, which can be prompted by erratic driving, a moving violation, or a sobriety checkpoint.

During the stop, an officer may administer field sobriety tests or use a breathalyzer to assess the driver’s level of impairment. If the driver’s Blood Alcohol Concentration (BAC) meets or exceeds the legal limit of 0.08% for a DUI, or falls between 0.07% and 0.08% for a DWI, the officer will file charges. Additionally, a driver displaying noticeable impairment due to drugs or alcohol, even with a BAC below 0.07%, can still face charges based on observed behavior and performance in sobriety tests.

Once charges are filed, the case is referred to the prosecutor’s office, which determines whether to pursue the charges in court. Prompt legal representation is critical to navigating this process and potentially mitigating penalties.

How to Differentiate DWI from DUI under Maryland Law

A DUI charge is usually brought against a driver when the police officer believes the driver’s blood alcohol concentration (BAC) is above the legal 0.08 legal limit for driving.

At a BAC of 0.08 or greater, law enforcement will deem the driver legally impaired and under the influence per se. This means the prosecution will not have to prove impairment in judgment since anything higher than 0.08 under Maryland law will result in the assumption that the driver is impaired.

On the other hand, law enforcement in Maryland could charge you with driving while impaired (DWI) when they are below the legal limit but are between a BAC of 0.06 to 0.07 percent.

For a DWI conviction, the prosecution will have to prove that you were impaired at the time of the traffic stop.

The Penalties for DUI and DWI in Maryland

Almost anyone who reads or watches the news knows that Maryland police officers expend much energy pursuing intoxicated drivers. To prevent drunk driving offenses, harsh penalties are meted out to persons convicted of driving under the influence.

First-time DWI offenders in Maryland will face a fine of $500 or up to two months in jail, while the subsequent offense could result in another $500 fine and up to a year in jail. In some instances, the Motor Vehicle Administration will dock points from the driver’s record and suspend the license for a set period.

Subsequent offenses committed by a driver under DWI will usually attract harsher penalties, including being admitted into the ignition interlock program. Under the program, a convicted driver’s vehicle is fitted with an ignition interlock device that makes it impossible for the motor vehicle to start if they are over the legal limit.

Comparison Between DWI and DUI in Maryland

Both a DUI and DWI are serious charges in Maryland that would attract severe penalties. As such, if you have been charged with either of these, it is crucial to contact a drunk driving attorney as soon as possible.

A Maryland DWI could result in losing your license for at least two months and being slapped with a $500 fine. A DUI, on the other hand, is a more severe charge that could result in at least a year in jail for an offender and fines of up to $1,000.

It is also important to note that conviction could increase your auto insurance rates or even result in some insurers canceling your coverage. If you have been charged or arrested with a DWI or DUI in Maryland, contact a drunk driving defense law firm such as Scrofano Law.

We have an experienced Rockville Criminal Lawyer who knows all the strategies and tactics to get a favorable outcome in your DUI or DWI in Maryland case.