DUI and DWI in Maryland
If you’ve been charged with DUI and DWI in Maryland, understanding the differences between these offenses is critical to protecting your rights and future. Maryland law distinguishes between Driving Under the Influence (DUI) and Driving While Impaired (DWI), with each carrying distinct penalties that can affect your driving privileges, employment, and personal life. Seddiq Law can support your case for DUI or DWI in Maryland.
Key Takeaways involving Maryland DUI and DWI Charges
- Maryland distinguishes between DUI (BAC of 0.08% or higher) and DWI (BAC of 0.07% or impairment by alcohol), with DUI carrying more severe penalties.
- A DUI conviction can result in up to one year in jail, a $1,000 fine, and 12 points on your driving record, while DWI penalties include up to 60 days in prison and an 8-point assessment.
- First-time offenders may be eligible for Probation Before Judgment (PBJ), which can help avoid a conviction on their record.
- Refusing a breathalyzer test triggers automatic administrative penalties, including license suspension, regardless of whether you’re ultimately convicted.
- Contact an experienced Maryland DUI/DWI attorney at Seddiq Law immediately to protect your rights and explore all available defense strategies.
Understanding Maryland’s DUI and DWI Laws
Maryland law treats impaired driving seriously, but not all charges are the same. A DUI (Driving Under the Influence) charge applies when a driver has a Blood Alcohol Content (BAC) of 0.08% or higher. It also applies when they are substantially impaired by alcohol to the point where they cannot operate a vehicle safely. This is the more serious of the two offenses.
A DWI (Driving While Impaired) charge applies when a driver’s BAC is 0.07%. It’s also charged when drivers show signs of impairment by alcohol but haven’t reached the threshold for DUI. Though considered a lesser offense, a DWI conviction still carries significant consequences.
For commercial drivers, the legal limit is significantly lower at 0.04% BAC; drivers under 21 are subject to Maryland’s “zero tolerance” law. Any detectable alcohol in their system can result in charges.
Penalties for DUI and DWI in Maryland
The penalties for DUI and DWI in Maryland escalate with subsequent offenses and aggravating factors.
First-Time DUI Penalties:
- Up to one year in jail
- Fines up to $1,000
- 12 points assessed on driving record
- License suspension or revocation
- Possible ignition interlock device requirement
First-Time DWI Penalties:
- Up to 60 days in jail
- Fines up to $500
- 8 points assessed on driving record
- License suspension
- Potential ignition interlock requirement
Second and third offenses carry substantially harsher penalties. These include mandatory minimum jail time, longer license suspensions, and higher fines. If your DUI involves an accident causing injury or death, you may face felony charges with years of imprisonment.
The Arrest and Court Process
If stopped for suspected impaired driving, officers look for signs like bloodshot eyes, slurred speech, alcohol smell, and erratic driving, typically conducting field sobriety and breathalyzer tests.
Maryland’s implied consent law means refusing chemical testing after a DUI/DWI arrest results in automatic administrative penalties, including a 270-day license suspension for a first refusal, regardless of conviction.
After arrest, you face separate MVA (license) and criminal court (DUI/DWI charge) proceedings, whose outcomes are independent of each other.
Defense Strategies and Legal Options
An experienced defense lawyer can challenge DUI/DWI charges by questioning the validity of traffic stops, field sobriety tests, breathalyzer accuracy, and arrest procedures.
First-time offenders in Maryland may qualify for Probation Before Judgment (PBJ), which allows them to avoid a conviction if they complete probation, thereby protecting their employment and future opportunities. Attorneys can also negotiate reduced charges, alternative sentencing (such as alcohol education), and a minimized license suspension.
Long-Term Consequences Beyond Penalties
A DUI or DWI conviction affects more than just your driving record. Insurance rates typically increase dramatically, sometimes doubling or tripling your premiums. Specific professional licenses may be jeopardized, particularly for commercial drivers, healthcare workers, and teachers. Background checks for employment, housing, or educational opportunities will reveal the conviction.
If you hold a commercial driver’s license, a DUI/DWI conviction can effectively end your career. Many employers have zero-tolerance policies for DUI convictions, even for non-commercial driving incidents.
Why You Should Retain the Services of Our Maryland DUI and DWI Defense Attorneys – Why We’re Different
Our firm offers immediate and aggressive legal representation for DUI/DWI charges in Maryland. We’ve successfully defended hundreds of clients, securing dismissals, reductions, and PBJ outcomes.
We challenge license suspensions, scrutinize arrests for constitutional violations, and build comprehensive defense strategies. Our DUI/DWI defense lawyers leverage relationships with prosecutors to achieve effective negotiations, challenge unreliable BAC and field sobriety test evidence, and provide compassionate guidance while defending your rights.
Where to Find Us in Maryland
You can find Seddiq Law at 100 S. Washington, Rockville, MD 20850. We are conveniently located near the Rockville Town Center, renowned for its vibrant bars and nightlife. Clients who have too much to drink in this location can find easy access to the DWI and DUI defenses we provide. We are also conveniently located near the local circuit court.
Frequently Asked Questions about Maryland DUI/DWI
Can I get my DUI charge reduced to a DWI in Maryland?
Yes, it’s possible to negotiate a reduction from DUI to DWI, particularly if you’re a first-time offender, your BAC was borderline, or there are weaknesses in the prosecution’s case. An experienced attorney can present mitigating factors and challenge evidence to increase the likelihood of a reduced charge or sentence.
How long will a DUI or DWI stay on my Maryland driving record?
A DUI or DWI conviction remains on your Maryland driving record permanently and cannot be expunged, though points assessed against your license decrease over time. This permanent record is why fighting the charge or seeking alternatives like PBJ is so important.
What happens at my Motor Vehicle Administration (MVA) hearing after a DUI arrest?
The MVA hearing is an administrative proceeding separate from your criminal case, where you can contest the suspension of your driving privileges. You must request this hearing within 30 days of your arrest. An attorney can present evidence challenging the legality of the stop, the officer’s observations, or the testing procedures to potentially save your license.
Am I required to install an ignition interlock device after a DUI/DWI?
Maryland mandates ignition interlock devices in many DUI/DWI cases, especially for repeat offenders, high BACs (0.15%+), or restricted licenses. First-time offenders might avoid this via PBJ or low BAC. Legal counsel is vital for navigating these requirements.
Seddiq Law Handles Cases for DUI and DWI in Maryland: Arrange a Consultation Today
Charges for DUI and DWI in Maryland are serious. Every decision you make can impact the outcome of your case. Don’t manage this complex legal landscape alone. Contact Seddiq Law today for a confidential consultation. Our experienced Maryland DUI/DWI defense attorneys will review your case, explain your options, and fight to protect your freedom, your license, and your future. Phone (301) 513-7832 now.
