DWI Lawyer in Prince George's County
If you were charged with a DWI in Prince George's County, you may be wondering how serious it actually is. The honest answer: it is less serious than a DUI, but it still carries criminal penalties, points on your license, and real consequences if you ignore it or handle it poorly.
Understanding what a DWI charge actually means, how the Prince George's County courts treat it, and what defenses are available is the first step toward a good outcome.
DWI vs. DUI: What's the Difference in PG County
Maryland has two primary drunk driving charges, and they are not the same thing. The difference between DUI and DWI comes down to the level of impairment and, often, the BAC reading.
DUI (Driving Under the Influence) under Maryland Transportation Article Section 21-902(a) is the more serious charge. It applies when a person's BAC is 0.08 or above, or when the evidence shows they were substantially impaired. First offense carries up to 1 year in jail and a $1,200 fine.
DWI (Driving While Impaired) under Section 21-902(b) is the lesser charge. It applies when impairment is present but falls short of the DUI standard. This can apply to a BAC between 0.04 and 0.07, or when an officer observes signs of impairment without a BAC that clears the DUI threshold. First offense carries up to 2 months in jail and a $500 fine.
In practice, the Prince George's County State's Attorney's Office often charges both DUI and DWI together. Sometimes a DUI charge gets reduced to a DWI through negotiation, which represents a meaningful step down in terms of criminal penalties and MVA consequences. See Section 21-902 in full.
Penalties for a DWI in Prince George's County
For a first-offense DWI in PG County:
- Jail: Up to 2 months
- Fine: Up to $500
- Points: 8 points on your driving record
- License: Potential suspension through the MVA
For a second-offense DWI:
- Jail: Up to 1 year
- Fine: Up to $500
The points matter because 8 points can trigger an MVA hearing and potential suspension even if the criminal court gives you a favorable outcome. You need to address both the criminal case and the MVA license side simultaneously.
A DWI conviction, like a DUI conviction, stays on your criminal record. Unlike a DUI, there is slightly more flexibility around the outcome, and a skilled attorney may be able to negotiate probation before judgment or an outright dismissal depending on the facts.
Can a DWI Become a DUI in Prince George's County?
Yes. If the State believes they have evidence of a BAC at or above 0.08, they will charge you with DUI. But the initial charge listed on the citation is not always the final charge. Evidence can change, results come back differently than expected, or the officer's observations may be challenged.
The more common concern is the reverse: a DUI charge getting reduced to a DWI through negotiation when the evidence has weaknesses. That is often the goal when the case is not strong enough for an outright dismissal.
One thing to watch: a DWI charge can also arise from drug impairment under Section 21-902(c). If the officer believed you were impaired by a controlled substance rather than alcohol, the charge may be different from a standard DWI but the consequences can be comparable. Discuss the specific charges with a lawyer before assuming the lesser DWI label means your case is minor.
Defenses for a PG County DWI Charge
The same defenses that apply to DUI cases apply to DWI cases, and in some ways DWI cases are more defensible because the evidence of impairment is less concrete. Common defenses include:
Challenging the stop. A traffic stop without reasonable articulable suspicion is unconstitutional regardless of what the officer found afterward. If the stop was not justified, a motion to suppress can eliminate the evidence entirely.
Questioning the field sobriety tests. DWI charges often rely heavily on the officer's observations and field sobriety performance rather than a high BAC number. Those tests are subjective and highly dependent on how the officer administered them. Max Frizalone and Luke Woods are both NHTSA-trained and know exactly what proper administration looks like and where officers go wrong.
Attacking the BAC evidence. Even a low BAC reading can be challenged if the breathalyzer was not properly maintained or calibrated. A blood draw requires strict chain of custody protocols. If procedures were not followed, the number can be challenged or excluded.
Medical or physical conditions. Some medical conditions mimic signs of alcohol impairment. Balance issues, neurological conditions, and certain medications can affect field sobriety test performance. These factors belong in front of the judge.
If you were arrested in one of the areas served by the Hyattsville District Court (4990 Rhode Island Avenue) or the Upper Marlboro District Court (14735 Main St), your case will be heard in one of those venues. Our attorneys appear in both regularly.
Talk to a PG County DWI Lawyer
A DWI charge is not a traffic ticket. It is a criminal charge that can affect your record, your license, and your insurance for years. FrizWoods handles DUI and DWI defense across Prince George's County from our office at 14513 Main Street, Suite B in Upper Marlboro.
Contact us for a free consultation. We answer 24/7.
FAQs
Q: Is a DWI less serious than a DUI in Prince George's County?
A: Yes. A first-offense DWI carries up to 2 months in jail and a $500 fine, compared to up to 1 year and $1,200 for a first DUI. The points, license consequences, and criminal record impact are also less severe. But it is still a criminal charge, not an infraction. See the full DUI vs. DWI comparison.
Q: Can a DWI be expunged in Maryland?
A: A DWI conviction cannot be expunged while you are on probation, and a conviction can only be expunged after a waiting period if you meet the eligibility requirements. A PBJ on a DWI, however, may be eligible for expungement sooner. Read about expungement eligibility in Maryland.
Q: What happens to my license after a DWI in PG County?
A: A DWI creates 8 points on your driving record, which can trigger an MVA review and potential suspension. The administrative license process is separate from the criminal case and runs on its own timeline. An MVA hearing lawyer can help you protect your license.