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Published on 9/25/2025, 11:46:00 AM

DWI vs DUI - Which Is Worse in Maryland?

In Maryland, DUI is more serious than DWI. DUI typically involves a higher impairment standard (or a BAC of .08+ under DUI Per Se) and carries stiffer criminal and MVA penalties. DWI is the lesser offense often charged with .07 BAC or lower or evidence of impairment that's less than DUI but it still brings jail exposure, license points, and insurance fallout. If you've been charged, talk to our Maryland DUI lawyers about defense options, including reduction from DUI to DWI.

If you've been charged with drinking and driving in Maryland, you may be wondering: Is a DWI better than a DUI? The terms get tossed around together, but they're different charges with different stakes.

The Legal Difference Between DUI and DWI

  • DUI (Driving Under the Influence)
    Prosecutors can prove DUI by showing you were substantially impaired or by using a per se theory where your BAC is .08 or higher.

  • DWI (Driving While Impaired)
    Considered the "lesser" offense. DWI may be charged where impairment exists but is less than DUI, or with a tested BAC of .07 or lower along with other indicators of impairment.

Not sure which charge you're facing or why? Start with our side-by-side explainer: DUI vs. DWI in Maryland.

Penalties for DUI vs DWI

DUI Penalties

  • Up to 1 year in jail and $1,200 fine for a first offense
  • Higher exposure for priors and certain aggravators (see Subsequent Offender DUI)
  • Possible license suspension or ignition interlock requirement through the MVA
  • Collateral fallout for employment, insurance, and professional licensing

DWI Penalties

  • Up to 60 days in jail and $500 fine for a first offense
  • Increased penalties for subsequent convictions
  • License points and potential suspension depending on facts and history

Want a quick look at ranges and common outcomes? See our visual Maryland DUI Chart and our update on new DUI penalties.

MVA Consequences: Criminal Case vs. License Case

Your court case and your MVA case are separate tracks. Depending on your BAC or a refusal, you could face:

  • Immediate suspension proposals
  • Mandatory or voluntary ignition interlock
  • CDL-specific consequences (commercial drivers, read: CDL DUI in Maryland)

Many drivers can contest these actions at an administrative hearing. Learn how the process works and deadlines here: MVA Hearings. For device basics and timelines, read Ignition Interlock and DUIs.

Which Is Worse?

DUI is worse than DWI in Maryland.
DUI brings higher maximum jail time and fines, hits harder on long-term risk (insurance and employment), and often triggers stricter MVA outcomes. That said, DWI still matters it can mean jail, points, and a record that follows you.

If this is your first alcohol offense, check our quick answers: First-Time DUI FAQ.

Can a DUI Be Reduced to a DWI?

Often, yes with the right facts and strategy. Reduction discussions typically turn on:

  • Your BAC level and test method (breath vs. blood)
  • Field sobriety tests and their reliability (read: Field Sobriety Testing and Should you do field tests?)
  • Whether you refused the roadside PBT and how that matters at trial (see PBT vs. Breathalyzer)
  • Stop quality: lane-weaving, crashes, admissions, video
  • Procedural issues: timing, machine maintenance, officer training

Some cases call for trial, others for a negotiated downgrade to DWI, and some for Probation Before Judgment (PBJ) when available. For PBJ pros/cons and record impact in alcohol cases, explore PBJ in Maryland DUI.

Defense Themes That Move the Needle

  • Reasonable suspicion / probable cause questions at the stop (see: What is probable cause in a Maryland DUI?)
  • SFST administration and whether instructions/demonstrations were by the book
  • Breath testing: deprivation period, calibration, operator certification
  • Body-worn camera review vs. narrative in the report
  • Medical or environmental explanations for "impairment" clues
  • Timeline gaps between driving and testing (absorption/retrograde issues)

For a broader playbook, skim our Maryland DUI Guide and these strategy primers:

FAQs

Q: Is a DWI better than a DUI in Maryland?

A: Yes. DWI is the lesser offense with lower maximum penalties than DUI, but it still brings real consequences.

Q: Can I go to jail for a DWI in Maryland?

A: Yes. Even a first DWI can carry up to 60 days in jail, plus points and potential suspension.

Q: Can a DUI be reduced to a DWI?

A: Sometimes. Reductions depend on evidence strength, BAC, field test quality, and legal issues. A focused defense can open that door.

Q: What happens to my license after a DUI or DWI?

A: You may face administrative penalties separate from court, including suspension or ignition interlock. Many drivers request an MVA hearing to challenge or modify actions.

Q: Should I take field sobriety tests or the PBT?

A: Read our practical breakdowns before you decide: Field Sobriety Testing and PBT vs. Breathalyzer.

Protecting Your Future After DUI or DWI

Whether you're charged with DWI or DUI, your record and license are on the line. The DUI defense lawyers at FrizWoods evaluate BAC data, testing procedures, and video to build leverage whether that means trial, reduction to DWI, or the best PBJ posture.

Questions about your case, deadlines, or MVA options? Contact us today for a free consultation.

Related resources

Unsure whether your facts support a reduction to DWI, PBJ, or a trial win? Contact us and we'll map the fastest path to damage control.