Jurisdiction: Maryland

Maryland DUI & DWI

Maryland distinguishes between DUI and DWI offenses, with significant differences in legal thresholds and penalties.

DUI/DWIs in Maryland

Maryland distinguishes between DUI (Driving Under the Influence) and DWI (Driving While Impaired) alcohol offenses, with DUI being the more severely punished. The state has a separate provision for Driving While Impaired by Drugs.

DUI – Md. Code Ann., Transp. § 21-902(a)(1)"(i) A person may not drive or attempt to drive any vehicle while under the influence of alcohol. (ii) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se."

A driver is "under the influence of alcohol per se" in Maryland if they have a BAC of at least .08.1 If the BAC is less than .08, a driver may still be found to have been "under the influence of alcohol" if their "normal coordination" has been "substantially impaired" by alcohol.2

DWI (alcohol) - Md. Code Ann., Transp. § 21-902(b)(1)(i)"(i) A person may not drive or attempt to drive any vehicle while impaired by alcohol."

A driver in Maryland is "impaired by alcohol" if the alcohol has impaired the driver's "normal coordination to some extent."3

Penalties for a Maryland DUI/DWI

  • DUI: Under the Influence
    First offense: Imprisonment not exceeding 1 year or a fine not exceeding $1,200 (or both). Max 2 years and $2,000 fine if a minor was present.
    Second offense: Imprisonment not exceeding 2 years or a fine not exceeding $2,400 (or both).
  • DWI: Impaired
    First offense: Imprisonment not exceeding 2 months or a fine not exceeding $500 (or both). Max 1 year and $1,200 fine if a minor was present.
    Second offense: Imprisonment not exceeding 1 year or a fine not exceeding $1,000 (or both).

A note on impairment from drugs

Maryland also criminalizes driving while impaired by drugs. The penalties are more severe if the drug causing impairment is a "controlled dangerous substance," which includes marijuana, certain prescription drugs, and a variety of illegal narcotics.4

Proving impairment from drugs is often more of a challenge for a prosecutor than proving a DUI from alcohol. In Maryland, there is no specific amount of THC in the system that "per se" means a driver is impaired. While the state can still prevail, sophisticated legal counsel is essential to navigate and defend these complex evidentiary cases.

1. Md. Code Ann., Transp. § 11-174.1.
2. Turner v. State, 956 A.2d 820, 828 (Md. App. 2008).
3. Turner v. State, 956 A.2d 820, 828 (Md. App. 2008).
4. Md. Code Ann., Transp. § 21-902(c), (d) and § 5-101 et seq. of the Criminal Law Article.

Cross-Border Matters

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