Driving under the influence (DUI) and driving while impaired (DWI) are two terms that many people use interchangeably. However, in Maryland, they represent distinct legal offenses with different implications.
Both offenses relate to impaired driving, but the key difference lies in the severity of the impairment and the corresponding legal consequences. Understanding these distinctions can help drivers navigate the legal landscape and avoid the serious consequences that come with impaired driving.
Impaired Driving at a Glance
Maryland has strict laws to ensure road safety, and DUI and DWI charges reflect the state’s commitment to reducing accidents caused by impaired driving. Law enforcement officers in Maryland actively enforce these laws, using tools such as breathalyzers and field sobriety tests to assess a driver’s level of impairment. If a driver is found to be under the influence of alcohol or drugs, they can face serious charges, including DUI or DWI, depending on the level of impairment. DUI and DWI charges can also apply if a driver is under the influence of drugs, whether they are illegal, prescription, or over-the-counter medications that impair driving ability.
The penalties for DUI and DWI in Maryland can vary significantly. While both charges are serious, DUI is generally considered the more severe offense. Knowing the differences between DUI and DWI can help you understand the legal process ahead of you if you are charged with either.
What Constitutes a DUI in Maryland?
In Maryland, DUI stands for "driving under the influence." This is slightly different than the charge of DUI per se. The DUI per se charge applies when a driver has a blood alcohol concentration (BAC) of 0.08% or higher. At this level of alcohol in the bloodstream, the law assumes the driver’s ability to operate a vehicle safely is significantly impaired.
Potential DUI Penalties
A DUI conviction carries severe consequences. For a first-time offender, penalties can include a fine of up to $1,000, a jail sentence of up to one year, and possible consequences to your privilege to drive. Repeat offenders may face harsher penalties, including longer jail sentences, larger fines, and more severe consequences to your privilege to drive. In some cases, offenders may be required to install an ignition interlock device on their vehicles, which prevents the car from starting if alcohol is detected on the driver’s breath.
Other Consequences to Consider
Beyond the immediate legal penalties, a DUI conviction can have long-term effects on a person’s life. It can increase car insurance premiums, impact employment opportunities, and carry a social stigma that can affect personal relationships. Given the seriousness of these consequences, it’s crucial for drivers in Maryland to understand what constitutes a DUI and take steps to avoid driving under the influence.
What Is a DWI in Maryland?
DWI stands for "driving while impaired" and is considered a lesser charge than DUI in Maryland. DWI reflects a lower level of impairment. However, the law still recognizes that this level of impairment can be dangerous and affect a person’s ability to drive safely.
Potential DWI Penalties
While a DWI is a less severe charge than a DUI, it still carries serious penalties. First-time DWI offenders may face a fine of up to $500, a jail sentence of up to two months, and can impact your privilege to drive. Repeat offenders or those who are under the age of 21 at the time of the offense may face stiffer penalties, including longer jail sentences and extended license privilege consequences.
A DWI charge can also affect a person’s driving record and insurance rates. Like a DUI, a DWI conviction remains on a person’s driving record for several years, which can lead to increased insurance premiums and other financial burdens. Although the penalties for DWI are not as severe as those for DUI, the charge still carries significant legal and personal consequences that can have a lasting impact on an individual’s life.
The Importance of Legal Representation
Facing DUI or DWI charges in Maryland can be overwhelming, especially given the potential legal consequences. It’s important to seek legal representation as soon as possible if you are charged with either offense. An experienced attorney can help navigate the legal system, challenge evidence, and work to minimize the penalties.
Legal representation is particularly important for those who may have aggravating factors in their case, such as prior convictions, high BAC levels, or involvement in an accident while impaired. An attorney can provide guidance on how to approach the case, negotiate plea deals, or represent the individual in court to achieve the best possible outcome.
In some cases, legal defenses may be available that could result in a reduction or dismissal of charges. For instance, if the officer did not have reasonable cause to stop the vehicle or if the breathalyzer test was administered improperly, these could be grounds for challenging the charges.
Contact Us for Legal Assistance
If you are facing DUI or DWI charges for impaired driving, there can be a lot at stake that you don’t want to lose. Our dedicated criminal defense attorney can provide the legal assistance you need to fight your charges and strive toward a better outcome.
Learn more about how Matthew Penick Law can help you. Contact us today to request an initial consultation.