DUI vs. DWI in Maryland: What is the Difference?

Many people are confused when they hear the terms DUI and DWI used interchangeably. In Maryland, they are actually two different charges, and understanding the distinction is important if you are arrested in Ocean City or anywhere in the state.

While both involve driving after consuming alcohol or drugs, the severity of the charges and potential penalties can differ.

With over 33 years of experience defending DUI cases in Worcester County, Frank Benvenuto regularly helps clients understand the differences and the legal options available after an arrest.

What Is a DUI in Maryland?

DUI stands for Driving Under the Influence.

This is considered the more serious charge in Maryland and typically applies when a driver’s blood alcohol concentration (BAC) is 0.08% or higher.

A DUI may also be charged when police believe alcohol or drugs significantly impaired the driver’s ability to operate a vehicle safely.

Possible penalties for DUI may include:

• Up to 1 year in jail

• Fines up to $1,000

• 12 points on your driver’s license

• Possible license suspension

• Alcohol education or treatment programs

Because DUI carries more points and harsher penalties, it can have a greater impact on your driving record and insurance.

What Is a DWI in Maryland?

DWI stands for Driving While Impaired.

This charge generally applies when a driver shows signs of impairment but their BAC is below the DUI threshold, typically around 0.07% or lower, or when the officer believes alcohol affected the driver but not to the level required for a DUI charge.

Possible penalties for DWI may include:

• Up to 60 days in jail

• Fines up to $500

• 8 points on your driver’s license

• Possible license suspension

Although it is considered less severe than DUI, DWI is still a criminal offense and can carry significant consequences.

Why Police Sometimes Charge Both

In many Ocean City DUI arrests, officers will charge both DUI and DWI at the same time.

This allows prosecutors to pursue either charge depending on the evidence presented in court.

For example:

• If BAC evidence supports DUI, prosecutors may proceed with the more serious charge.

• If the evidence is weaker, the case may proceed as a DWI instead.

Factors That Can Affect DUI or DWI Charges

Several factors may influence which charge is filed or pursued:

• Blood alcohol concentration (BAC)

• Results of field sobriety tests

• Officer observations

• Breathalyzer results

• Driving behavior leading to the stop

Every DUI case involves unique facts and circumstances.

DUI Arrests in Ocean City

Ocean City sees a high number of DUI and DWI arrests, particularly during:

• Summer tourist season

• Holiday weekends

• Major local events

• Late-night bar closings

Many individuals arrested are visitors who are unfamiliar with Maryland DUI laws.

Why Legal Guidance Matters

A DUI or DWI charge does not automatically mean a conviction. There may be legal defenses available depending on the details of the stop and the evidence collected.

With more than 33 years defending DUI and criminal cases in Ocean City and Worcester County, Frank Benvenuto evaluates every case carefully to identify potential weaknesses in the prosecution’s case.

If you have been charged with DUI or DWI in Ocean City, understanding your rights and options early can make a meaningful difference.

Frank Benvenuto

443-783-2451

Ocean City, Maryland

www.ocmdlawyer.com