Maryland Criminal Attorney Blog
Maryland has significantly increased the penalties for people who are convicted of driving under the influence of alcohol (DUI) or driving while impaired by alcohol (DWI). If you have been charged with DUI or DWI, you need an experienced and aggressive criminal defense attorney who has experience handling these types of cases. If you are charged with a second or subsequent offense, the need for an experienced criminal defense attorney is even greater.
What Is the Difference Between a DUI and a DWI?
Maryland law prohibits both driving under the influence (DUI) and driving while impaired (DWI). Both laws are misdemeanors that criminalize drunk driving, however, a DUI is considered a more serious offense and has greater maximum penalties.
To be convicted of a DUI, the State must prove that you drove, or attempted to drive, with a blood-alcohol-concentration of .08 or higher (or, if under the age of 21, 0.02 or higher). Far less is required for a DWI conviction. The State need only prove that you drove, or attempted to drive, while impaired to some degree by drugs or alcohol.
Read more of our DUI/DWI frequently asked questions here
Understanding Subsequent DUI and DWI Penalties in Maryland
In Maryland, a person who is convicted of DUI is subject to a maximum penalty of 1 year and a $1,000 fine. A person who is convicted of DWI is subject to a maximum penalty of 60 days in jail and a $500 fine. In addition to the criminal penalties are person who is charged with DUI or DWI faces the suspension of their driver’s license for up to one year or may be required to participate in the ignition interlock program to maintain their privilege to drive.
For a second conviction for DUI, the maximum penalty increases to 2 years of incarceration and a fine of up to $2,000. For a second conviction for DWI the penalty increases to 1 year and a maximum fine of $500. A person who faces this situation not only may be sentenced to a period of incarceration at a local detention center but also faces the daunting possibility of being sentenced to prison time in the Division of Corrections.
For a third conviction for either DUI or DWI the maximum penalty again increases to 5 years and a $5,000 fine. Finally, for a fourth or subsequent offense, a person who is convicted faces a maximum penalty of up to 10 years of incarceration and a fine of up to $10,000.
| Penalties for First-Time DWI | Penalties for First-Time DUI |
| Up to 60 days in jail | Up to 1 year in jail |
| Up to a $500 fine | Up to $1,000 fine |
| Up to 6 months license suspension | Up to 6 months license revocation |
| 8 driver’s license points | 12 driver’s license points |
Contact an Aggressive DUI/DWI Attorney
We deal with DUI/DWI cases on a daily basis. Senior Partner Brian G. Thompson and his team of attorneys have decades of experience handling these types of cases, both as former Assistant State’s Attorneys and as defense lawyers. And unlike many other attorneys who handle traffic cases, Mr. Thompson and his team practice exclusively in the area of criminal and traffic defense.
For more information or a free consultation, please contact the Maryland criminal lawyers of Silverman Thompson or call (800) 385-2243.