Driving under the influence of alcohol or drugs (“DUI”) and/or driving while impaired (“DWI”) are two of the most charged and prosecuted crimes in Maryland. If you have been pulled over for a traffic stop for suspicion of DUI, you will need experienced and aggressive Maryland criminal attorneys to help you. Call us here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We are Maryland criminal defense attorneys. You do not want a conviction on your record, and you do not want to risk jail or a hefty fine.

In this article, we discuss what you should know about DUI and DWI charges in Maryland. To begin, DWI is considered a “lesser charge” than DUI. DUI is generally proven by lab tests showing a person’s blood alcohol content (“BAC”) level was, at the time, at least 0.08% or higher. Many times, that is all the evidence that the prosecutors feel they need (even if other evidence is presented). Juries are told and are convinced that BAC at that level IS driving under the influence of alcohol. By contrast, DWI is charged where the BAC is less than 0.08% but there is other evidence of impairment (such as reckless or dangerous driving). To increase the chances of obtaining a conviction, prosecutors will charge BOTH DWI and DUI. That enhances the possibility that the jury will convict if the jury is not entirely persuaded about the DUI charges.

In 2025, a first-time conviction of DWI is considered a misdemeanor and carries a potential jail sentence of up to two months, a fine of up to $500, eight “points” assessed against one’s driving record, and a possible six-month license suspension. Conviction of a second offense increases the potential jail time to one year and increases the length of time that driving privileges are suspended. Likely, the judge will also order participation in an ignition interlock program.

As noted, DUI is a more serious crime. Conviction for a first-time DUI carries a potential jail sentence of up to 12 months, a fine of up to $1,000, twelve “points” assessed against the person’s driving record, and a possible six-month revocation of driving privileges. Twelve points is the maximum points and typically leads to revocation of driving privileges. Conviction for a second offense basically doubles the potential punishment. Jail time can be as high as two years, and the fine can be up to $2,000. The judge may also require enrollment in an ignition interlock program and even an alcohol/substance abuse medical program.

Note that there are several “enhancers” that will increase potential punishments. For example, penalties will be more severe if there were passengers in the car at the time who were under the age of 21. Penalties are even more severe if the passengers were younger than 16. Any DUI or DWI involving a crash will be punished more harshly. Even worse is if a fatality or serious bodily injury was caused.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.