What is the Difference Between DWI & DUI in Maryland?

A Salisbury Defense Attorney Who Prosecuted These Cases

Maryland treats driving while impaired (DWI) and driving under the influence (DUI) as two distinct offenses under Transportation Article 21-902, each carrying different BAC thresholds, different penalties, and different consequences for your license. That distinction isn’t just legal trivia. It directly shapes what defenses are available, what outcomes may be realistic, and what you stand to lose if the wrong charge sticks.

I’m William R. Hall, and I’ve defended DWI and DUI clients throughout Salisbury and the Eastern Shore for more than 20 years. Before that, I served as an Assistant State’s Attorney in these same Maryland courts, which means I know firsthand how prosecutors decide which charge to file and how they build their cases. I hold a Superb Avvo Rating and am ranked among the Top 1% of attorneys by the National Association of Distinguished Counsel.

Call (410) 205-1684 or contact my office online to start building your defense.

Maryland’s Two-Tier Drunk Driving Law

Both DWI and DUI fall under Maryland Transportation Article 21-902, but they apply at different levels of impairment. A driver who registers a blood alcohol concentration (BAC) of 0.07% or higher faces a DWI charge under 21-902(b). A driver at 0.08% or higher faces a DUI charge under 21-902(a). At 0.08%, Maryland law establishes a per se presumption of impairment, meaning prosecutors don’t need additional evidence beyond the chemical test result to proceed.

Prosecutors may charge both offenses from a single traffic stop, but a defendant can only be convicted of one. If convicted of DUI, the DWI charge merges into it. Conversely, a DWI conviction means the DUI didn’t meet its burden. DWI can also stand on its own when a BAC falls between 0.07% and just under 0.08% and officer observations or field sobriety test results independently support impairment.

Maryland is one of a minority of states that maintains two separate tiered drunk-driving offenses under a single statute. That structure matters because the accuracy of a breathalyzer reading, including its recognized margin of error, can determine whether a charge stays at DUI or is reduced to the lesser DWI.

DWI vs. DUI Penalties in Maryland

The difference between DWI and DUI in Maryland isn’t just a letter. It’s the difference between a suspension hearing and automatic revocation, between up to 60 days in jail and up to one year. Both are misdemeanor offenses, but the consequences diverge significantly.

First-Offense Penalties Side by Side

First-offense DWI conviction carries:

• Up to 60 days in jail
• Up to $500 in fines
• 8 MVA points, which triggers a suspension hearing
• License suspension up to 6 months

First-offense DUI conviction carries:

• Up to 1 year in jail
• Up to $1,000 in fines
• 12 MVA points, which triggers automatic license revocation
• License revocation up to 6 months

Penalties increase for prior drunk-driving convictions. A driver who has a minor child in the vehicle at the time of arrest faces enhanced charges under Maryland law. Drivers under age 21 can be charged with DUI for a BAC as low as 0.02%.

Administrative License Proceedings

Both a DUI and DWI conviction create a permanent criminal record and trigger administrative license actions through the Maryland Motor Vehicle Administration (MVA). If your license was confiscated following a BAC test, you receive a 45-day temporary paper license; the administrative suspension begins on the 46th day. Refusing a breathalyzer test carries an automatic administrative license suspension of 270 days for a first offense and two years for a subsequent offense.

October 2024 Ignition Interlock Expansion

One development that now affects many clients I work with: as of October 1, 2024, Maryland’s expanded ignition interlock device (IID) requirement under HB 105, an expansion of Noah’s Law, makes IID installation mandatory for a broader range of offenders. That now includes first-time DWI offenders with a BAC of 0.07% or higher and individuals who receive probation before judgment (PBJ). PBJ is a disposition available in Maryland District Court that avoids a formal conviction on your criminal record, but points are still assessed, and the IID requirement applies under current law.

Defending DWI & DUI Charges in Wicomico County

An arrest isn’t a conviction. The charge you’re arrested on in Salisbury isn’t necessarily the charge, or the conviction, you end up with. Over more than 20 years and 4,000-plus criminal cases across the Eastern Shore, I’ve seen the full range of outcomes. What shapes them is the quality of the defense from the start.

Having served as an Assistant State’s Attorney in these same courts, I know the investigative decisions that precede a drunk-driving charge and where those decisions can be challenged. Common defense avenues I examine in DWI and DUI cases include:

Traffic Stop Validity
Whether law enforcement had reasonable suspicion or probable cause to initiate the stop is the threshold question. A stop that doesn’t hold up legally can affect what follows.

Breathalyzer Accuracy
Breathalyzer equipment carries a recognized margin of error. When a BAC reading is close to the 0.08% threshold, that margin can be the difference between a DUI and a DWI, or between a DWI and no chemical impairment charge at all.

Field Sobriety Test Conditions
Results from field sobriety tests can be contested based on road conditions at the time of the stop, the administering officer’s training, or a driver’s underlying medical conditions that affect balance or coordination.

Charge Reduction
Getting a DUI reduced to a DWI is one of the most consequential outcomes I can pursue for a client. It’s the difference between 12 points and automatic revocation versus 8 points and a suspension hearing, and between up to a year in jail and up to 60 days.

DUI and DWI cases in Salisbury are heard in the Wicomico County District Court. Defendants who elect a jury trial have their case transferred to the Wicomico County Circuit Court. I practice across Wicomico, Dorchester, Kent, Queen Anne’s, Somerset, and Talbot counties.

Talk to a Salisbury DWI Defense Attorney Today

Time matters after a drunk-driving charge in Maryland. Administrative license proceedings run on their own timeline, separate from the criminal case, and delays in building a defense can close off options. The sooner I can review the facts of your stop, your BAC result, and the charging documents, the more options I may be able to identify.

As a former prosecutor with an AV Preeminent® Rating from Martindale-Hubbell, I bring a perspective to DWI and DUI defense that comes from having worked both sides of these cases. My practice is focused on the Eastern Shore, and I’m committed to responsive, honest communication throughout your case.

Discuss your charges with a Salisbury DWI/DUI attorney during a confidential consultation. Call (410) 205-1684 or reach out online today.