DUI and DWI in Maryland are two separate charges under the same statute — Md. Code, Transp. § 21-902. DUI (Driving Under the Influence) is the more serious offense, generally charged when a driver’s blood alcohol concentration (BAC) is 0.08 or higher, or when impairment is clearly demonstrated. DWI (Driving While Impaired) is a lesser charge, typically applied when BAC is 0.07 or when the State cannot prove the higher impairment level. DUI carries up to 1 year in jail, a $1,200 fine, and 12 MVA points. DWI carries up to 2 months in jail, a $500 fine, and 8 MVA points. Both are criminal misdemeanors. Both result in administrative license action through the MVA, separate from the criminal case.
Most Maryland drivers use “DUI” as a catch-all term for any drunk driving charge. The distinction matters because the two offenses carry meaningfully different penalties — and because a DUI charge is frequently reduced to DWI through plea negotiation. Knowing the difference is the first step in understanding what your case actually looks like.
DUI Under § 21-902(a): The Serious Charge
Md. Code, Transp. § 21-902(a) defines DUI as driving under the influence of alcohol. The statute is satisfied two ways: by a BAC of 0.08 or higher (the per se threshold), or by a showing that the driver was substantially impaired by alcohol regardless of the specific BAC reading.
The penalties for a first-offense Maryland DUI conviction are:
- Up to 1 year in jail;
- Up to a $1,200 fine (the cap increased from $1,000 to $1,200 effective June 1, 2025);
- 12 MVA points (enough to trigger automatic license revocation proceedings);
- Mandatory ignition interlock under Noah’s Law (§ 16-404.1) for many drivers;
- Substantial insurance consequences, often including non-renewal of policy; and
- Permanent criminal record absent a successful Probation Before Judgment.
Subsequent DUI offenses carry sharply higher penalties — up to 2 years for a second offense within 5 years (with a maximum fine of $2,400), up to 3 years for a third, plus mandatory minimum jail terms in certain circumstances. For a closer look at jail exposure specifically, see will I go to jail for driving drunk in Maryland.
DWI Under § 21-902(b): The Lesser Charge
Md. Code, Transp. § 21-902(b) defines DWI as driving while impaired by alcohol — a lower level of impairment than DUI. The statute generally applies when the driver’s BAC is below 0.08 but the State can show some impairment, or when a DUI charge is reduced through plea negotiation.
The penalties for a first-offense Maryland DWI conviction are:
- Up to 2 months (60 days) in jail;
- Up to a $500 fine;
- 8 MVA points (which alone can trigger a license suspension hearing);
- Possible ignition interlock requirement depending on circumstances;
- Significant insurance consequences, though typically less severe than DUI; and
- Criminal record absent a Probation Before Judgment.
DWI is still a serious criminal charge — not a traffic ticket. The reduction from DUI to DWI is real and meaningful, but a DWI conviction is not a clean outcome by itself.
Side by Side: DUI Versus DWI
| Element | DUI | DWI |
|---|---|---|
| Statute | § 21-902(a) | § 21-902(b) |
| Per se BAC threshold | 0.08 or higher | Generally 0.07 |
| Maximum jail (first offense) | 1 year | 2 months |
| Maximum fine (first offense) | $1,200 | $500 |
| MVA points | 12 | 8 |
| Ignition interlock | Usually mandatory | Possible |
| Criminal record | Yes (misdemeanor) | Yes (misdemeanor) |
How Cases Actually Get Charged in Maryland
In practice, most Maryland drivers arrested for alcohol-related driving are charged with both DUI and DWI on the same citation. The State preserves both options and decides later which to pursue based on the BAC reading, field sobriety performance, officer observations, and the strength of the overall case.
If the BAC comes back at 0.08 or higher and the field evidence is consistent with impairment, the State typically pushes for the DUI charge. If the BAC is between 0.05 and 0.07, or if the breath test was refused or excluded, the case more often resolves as a DWI. Below 0.05, Maryland law presumes the driver was not under the influence — though impairment can still be proven through other evidence.
Plea Bargaining: DUI Down to DWI Is the Common Path
The most common resolution of a Maryland DUI case is not a DUI conviction. It is a plea to DWI in exchange for dismissing the DUI. The reduction from DUI to DWI is meaningful for several reasons:
- The maximum jail exposure drops from 1 year to 2 months;
- The fine cap drops from $1,200 to $500;
- MVA points drop from 12 to 8;
- The interlock requirement may become optional rather than mandatory; and
- Insurance impact is meaningfully lower.
Whether a DUI reduces to DWI depends on the strength of the State’s proof, the driver’s record, the BAC reading, the officer’s observations, and whether the case has any technical or procedural weaknesses. A high BAC reading (0.15 or above), a refusal of the breath test, an accident with injury, or a prior DUI within 5 years all make the reduction harder.
Drug-Related DUI: § 21-902(c) and (d)
Maryland DUI law also covers driving under the influence of drugs (controlled dangerous substances), and combined drug-and-alcohol cases. Md. Code, Transp. § 21-902(c) addresses driving under the influence of drugs alone, and § 21-902(d) covers cases where the driver is impaired by drugs and alcohol together. Penalties roughly parallel the alcohol DUI structure, with added complexity around how drug presence is measured (there is no straightforward equivalent to the 0.08 BAC threshold for most drugs).
Prescription drugs, marijuana, and over-the-counter medications can all support a drug-DUI charge if they actually impair the driver. Maryland does not treat possession of a valid prescription as a complete defense if the State can show actual impairment.
PBJ and Why It Matters So Much in DUI/DWI Cases
A Probation Before Judgment under Maryland Code, Criminal Procedure § 6-220 is often the actual goal in a Maryland DUI or DWI case. PBJ allows the judge to withhold the conviction in exchange for a period of probation. The most important effects for DUI/DWI defendants:
- No criminal conviction on the record (subject to limited disclosure exceptions);
- Generally no MVA points reported, which protects the driver’s license from criminal-side suspension; and
- Substantially better insurance outcomes than a conviction.
PBJ is not automatic. It is requested by the defendant and granted (or denied) by the judge, and certain restrictions apply. Critically, Maryland law generally prohibits a second PBJ for an alcohol-related driving offense within a 10-year period. A driver who received PBJ on a prior DUI five years ago is typically not eligible for PBJ on a new DUI. For more, see should I take the breathalyzer test in Maryland and if my DUI is dropped, can the MVA still suspend my license.
The MVA Side Runs in Parallel
Maryland DUI/DWI cases involve two separate proceedings — the criminal case in District Court, and an administrative case before the MVA. The MVA action operates under § 16-205.1 (administrative per se) and proceeds independently of the criminal case. Even if the criminal DUI is reduced or dropped, the MVA can still impose license consequences based on the BAC reading or the breath test refusal.
The MVA per se hearing must be requested promptly after the stop — within 10 days to preserve the temporary license through the hearing date, and no later than 30 days as the absolute outer deadline. Missing the 10-day mark means the administrative suspension begins on day 46 even if a hearing is later granted. For more, see the Maryland DUI MVA per se hearing.
Related Questions
- First-offense DUI penalties in Maryland — Full penalty breakdown for first-time alcohol offenses.
- Can you refuse a breathalyzer in Maryland? — Implied consent, refusal consequences, and the interlock alternative.
- Will I go to jail for driving drunk in Maryland? — When DUI jail becomes realistic.
- The Maryland DUI MVA per se hearing — The administrative side of a DUI case.
- If my DUI is dropped, can the MVA still suspend my license? — Why the two proceedings move separately.
Know What You’re Actually Charged With
The difference between a Maryland DUI and DWI is the difference between a 1-year maximum jail exposure and a 2-month maximum. Between 12 MVA points and 8. Between mandatory interlock and discretionary. The earlier the case is evaluated, the more options you have to push the charge toward the lighter outcome — or to a Probation Before Judgment that avoids the conviction entirely. Talk to a Maryland DUI lawyer before your first court appearance.
Toll-free: 1-877-566-2408. For the broader picture, see the complete Maryland DUI and DWI guide.
Last updated: May 26, 2026.