DUI vs. DWI Laws in Maryland

What is the legal difference between DUI and DWI in Maryland?

In Maryland, DUI stands for driving under the influence and DWI stands for driving while impaired. DUI refers to operating a vehicle while under the influence of alcohol or drugs, while DWI is a lesser charge and can be issued when the driver is impaired by any substance, including illegal drugs, over-the-counter medications, prescription drugs, or a combination of any of these substances. A DUI is a more serious charge than a DWI and carries a greater penalty.

Is there a distinct BAC limit for determining DUI vs. DWI in Maryland?

No, there is not a distinct BAC limit for determining DUI vs. DWI in Maryland. In Maryland, driving under the influence (DUI) and driving while impaired (DWI) are both criminal offenses. Under Maryland law, an individual can be charged with DUI/DWI if their BAC is 0.08 or greater or their physical and/or mental abilities are impaired by alcohol or drugs.

Are there different penalties for DUI and DWI convictions in Maryland?

Yes, there are different penalties for DUI and DWI convictions in Maryland. For a DUI conviction, the penalties can include fines, license suspension or revocation, installation of an ignition interlock device, community service, and/or jail time. For a DWI conviction, the penalties can include fines, license suspension or revocation, jail time, and/or drug and alcohol treatment programs.

How do DUI and DWI offenses affect an individual’s driving record in Maryland?

In Maryland, a DUI or DWI conviction will remain on a person’s driving record for up to 5 years. The conviction and any associated points will remain on the driving record during that time, and can affect a person’s insurance rates and ability to obtain a driver’s license. A DUI or DWI conviction can also result in fines, court costs, license suspension or revocation, and even jail time.

Do DUI and DWI convictions result in the suspension or revocation of a driver’s license in Maryland?

Yes, DUI and DWI convictions in Maryland result in the suspension or revocation of a driver’s license. The amount of time a person’s license is suspended or revoked for depends on the severity of the offense and the individual’s driving record.

Are there variations in the definition of impairment for DUI vs. DWI in Maryland?

Yes, there are variations in the definition of impairment for DUI vs. DWI in Maryland. For DUI, a driver is considered impaired if their blood alcohol content (BAC) is 0.08 or higher. For DWI, the threshold is even lower, at 0.07 BAC or higher. In addition, Maryland law allows for a person to be charged with a DWI based on their performance on a field sobriety test or other evidence of impairment, even if their BAC is lower than 0.07 percent.

What factors influence whether a DUI or DWI charge is pursued in Maryland?

1. Blood Alcohol Concentration (BAC): Maryland has a zero tolerance policy for any BAC above 0.02% for drivers under the age of 21 years old, and a BAC of 0.08% or higher for drivers over the age of 21.

2. Prior Convictions: If this is a driver’s first offense, they may be offered a plea bargain for a lesser charge or a shorter sentence, depending on the severity of the offense. However, if the driver has prior convictions, the penalties are likely to be harsher and prosecutors may be less willing to offer a plea bargain.

3. Vehicular Damage: If there is significant damage to either the suspect’s or another vehicle this may indicate an increased level of impairment, and will often lead prosecutors to pursue a more serious charge such as DWI instead of DUI.

4. Location: Depending on if the offense occurred in a school zone, residential area, or other areas with high pedestrian traffic, this may impact whether prosecutors choose to pursue DUI or DWI charges, as the risk of harm to other persons is deemed to be higher.

5. Presence of Minor: If there was a minor in the car at the time of the offense this may lead prosecutors to pursue more severe charges.

Is there a mandatory minimum jail time for DUI or DWI convictions in Maryland?

Yes. Under Maryland law, a conviction for driving under the influence (DUI) or driving while impaired (DWI) carries a mandatory minimum jail sentence of 48 hours for a first-offense DUI or DWI conviction, and between 5 days and 1 year for subsequent convictions.

How do DUI and DWI offenses impact insurance rates in Maryland?

DUI and DWI offenses in Maryland have a significant impact on insurance rates. In most cases, insurance companies will assess a high-risk surcharge of up to 50% of the base insurance premium for three to five years for anyone convicted of DUI or DWI in Maryland. The surcharge is in addition to any other rates or fees that may apply. Insurance companies may also refuse to provide coverage or cancel existing policies.

Are there diversion or rehabilitation programs available for DUI or DWI offenders in Maryland?

Yes, there are diversion and rehabilitation programs available for DUI/DWI offenders in Maryland. The Maryland Motor Vehicle Administration (MVA) provides an alcohol education program for first-time DUI/DWI offenders. The program includes an assessment of the offender’s substance use, educational classes, and other activities to help the offender understand and take responsibility for their actions. After successful completion of the program, the offender’s license suspension is reduced or eliminated. For more serious offenses, the offender may be required to complete an alcohol treatment program. In addition, Maryland law also allows for judicial diversion programs, where the offender can complete certain activities such as community service, fines, or probation instead of jail time.

What role does the age of the offender play in DUI vs. DWI charges in Maryland?

The age of the offender does play a role in DUI vs. DWI charges in Maryland. Individuals under 21 years of age can be charged with underage DUI, which carries stiffer penalties than an adult DUI. Additionally, individuals who are 21 years old or older may be charged with DWI if their BAC is at least 0.08%. The legal limit for an underage driver is much lower, at 0.02%.

Do DUI and DWI laws differ for commercial drivers or CDL holders in Maryland?

Yes, DUI and DWI laws are stricter for commercial drivers or CDL holders in Maryland. Under Maryland law, a commercial driver with a Blood Alcohol Concentration (BAC) of 0.04 percent or higher while operating a commercial motor vehicle is considered Driving Under the Influence (DUI). The penalties for DUI in a commercial vehicle can include license suspension, fines, and other penalties. Additionally, a driver may be charged with Driving While Impaired (DWI) if their BAC is between 0.02 percent and 0.04 percent while operating a commercial vehicle. If convicted of a DWI while operating a commercial motor vehicle, the driver can expect to have their CDL suspended for one year for the first offense, and revoked for two years on the second or subsequent offenses.

How do DUI and DWI convictions affect employment opportunities in Maryland?

A DUI or DWI conviction can have a significant negative impact on employment opportunities in Maryland. Depending on the severity of the offense, employers may refuse to hire an individual with a DUI or DWI conviction or may place limitations on the type of job they are eligible for. In addition, some professional licensing boards may deny applications or revoke existing licenses if an applicant or licensee has a DUI or DWI conviction. Employers may also consider a DUI or DWI conviction as evidence of poor judgement and untrustworthiness, which could result in them denying employment.

Are there enhanced penalties for DUI or DWI convictions with prior offenses in Maryland?

Yes. If someone is convicted of a DUI or DWI in Maryland while having a prior DUI or DWI offense, they may face enhanced penalties. Such penalties may include increased fines, longer jail time, and increased suspension periods. In some cases, the person may also be required to install an ignition interlock device on their vehicle.

Is there a difference in penalties for DUI vs. DWI involving drugs other than alcohol in Maryland?

Yes, there is a difference in penalties for DUI vs. DWI involving drugs other than alcohol in Maryland. A DUI involving drugs other than alcohol carries the same consequences as a standard DUI, including a fine, jail time, and potential suspension of the driver’s license. However, a DWI involving drugs other than alcohol can result in even harsher penalties, including longer jail sentences and larger fines. Additionally, if it is determined that the driver was under the influence of a controlled substance, they will be treated as if they were driving under the influence of alcohol and face harsher penalties.

What are the legal rights and procedures for individuals arrested for DUI or DWI in Maryland?

The legal rights and procedures for individuals arrested for DUI or DWI in Maryland are as follows:

1. Upon arrest, the individual must be read their Miranda Rights.
2. The arresting officer must provide a breathalyzer test, or the individual may request a blood or urine test.
3. A trial will be conducted where the individual will be given an opportunity to plead guilty or not guilty.
4. If convicted, the individual may face penalties such as fines, jail time, license suspension, or ignition interlock device installation.
5. The individual may also be required to attend a clinical assessment and enroll in an alcohol or drug treatment program.
6. The individual may be eligible for a diversionary program such as Maryland’s DUI or DWI Diversion Program.

Can DUI and DWI charges be expunged or removed from one’s record in Maryland?

In Maryland, DUI and DWI charges are considered criminal offenses and can appear on criminal records. Expungement is not available for DUI and DWI charges in Maryland. However, a person may be able to have their record sealed, which will help to prevent potential employers and other organizations from seeing their criminal record. In order to have their record sealed, the person must file a petition in the court that initially convicted them of the DUI or DWI charge. The court will then decide whether or not to grant the petition.

Do DUI and DWI laws apply differently to minors or underage drivers in Maryland?

Yes, DUI and DWI laws do apply differently to minors or underage drivers in Maryland. Under the Maryland Vehicle Law, it is illegal for any person under the age of 21 to operate a motor vehicle with a Blood Alcohol Content (BAC) of 0.02% or greater. The penalty for a first offense includes up to two months in jail, a $500 fine, and 12 points on their driving record. A second or subsequent offense can result in up to one year in jail, a $500 fine, and 12 points on their driving record.

How can individuals access legal representation when facing DUI or DWI charges in Maryland?

Individuals facing DUI or DWI charges in Maryland may access legal representation through a private attorney or a public defender. It is recommended that individuals facing DUI or DWI charges retain the services of an experienced criminal defense attorney who specializes in DUI/DWI law. The Maryland Office of the Public Defender provides legal representation for individuals who cannot afford to retain private counsel. Public defenders are appointed by the court and paid for by the state.

What resources are available to help individuals understand and navigate DUI vs. DWI laws in Maryland?

1. The Maryland Department of Transportation Motor Vehicle Administration (MVA) provides a list of useful resources on DUI and DWI laws in the state on their website. This includes fact sheets, frequently asked questions, information on penalties, and contact information for field sobriety and breathalyzer test coordinators.

2. The Maryland Motor Vehicle Administration also provides a searchable online database of DUI/DWI Attorneys in the state. This allows individuals to locate experienced attorneys who can help them better understand the laws surrounding drunk driving in Maryland.

3. The Maryland Office of the Public Defender has published an online guide to DUI/DWI charges in the state. This is an accessible and comprehensive resource that covers topics such as what to expect in court, penalties associated with a conviction, and possible defenses against charges.

4. The American Bar Association offers a free online legal information service that provides access to information about DUI/DWI laws in Maryland as well as other states. This is a comprehensive resource and can help individuals better understand the laws surrounding drunk driving in their state.

5. Mothers Against Drunk Driving (MADD) offers an online resource for individuals who have been arrested for DUI/DWI in Maryland. This includes information about different types of DUI/DWI offenses, possible penalties, and FAQs about the law in the state.