Maryland Criminal Defense · Baltimore City · Baltimore County · Statewide
Maryland Criminal Defense · Baltimore City · Baltimore County · Statewide
DUI & DWI Defense · Maryland Courts
Maryland treats DUI and DWI as separate offenses with different penalties. A few hundredths of a percent in your Blood Alcohol Concentration (BAC) can mean the difference between 60 days and 1 year in jail.
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The Short Answer
In Maryland, DUI (Driving Under the Influence) and DWI (Driving While Impaired) are distinct charges under Md. Code Ann., Transp. § 21-902. DUI is the more serious offense, typically triggered at an alcohol concentration of 0.08% or higher. DWI applies to impairment at lower levels — often 0.07% to 0.079% — or to observable impairment. You can be charged with both from one traffic stop, but the DWI usually merges into the DUI if you are convicted.
The charge matters because everything that follows depends on it: the maximum jail time, the fine, the number of points on your license, and whether the MVA suspends or revokes your driving privileges. It also matters because the line between the two is often thin — and a skilled, experienced DUI lawyer can dramatically affect the outcome.
Maryland BAC Levels at a Glance
Alcohol concentration measured by breath or blood test
A charge can be filed at any BAC if the officer believes your driving was impaired.
Side by Side
First-offense exposure for adult drivers. Second and later offenses carry higher penalties — see the breakdown below.
| Aspect | DUI (More Serious) | DWI (Lesser Charge) |
|---|---|---|
| BAC threshold | 0.08% or higher (per se) | 0.07%–0.079% or observable impairment |
| Impairment level | Substantial | To some degree |
| Max jail (1st) | Up to 1 year | Up to 60 days |
| Max fine (1st) | Up to $1,000 | Up to $500 |
| MVA points | 12 | 8 |
| License impact | Revocation | Up to 6 months suspension |
When you are charged with both DUI and DWI from the same stop, you cannot be sentenced for both. If convicted of DUI, the DWI merges into it.
Officers routinely charge DUI and DWI together, along with traffic citations, so the State keeps its options open at trial.
Weak evidence on the 0.08% reading or the stop can open the door to a reduction from DUI to DWI, or to probation before judgment.
2026 Penalties
A DUI or DWI case runs on two tracks at once: the criminal case in court, and the administrative case with the Motor Vehicle Administration. You can win one and lose the other, so both need attention from day one.
A first DUI carries up to 1 year in jail and a fine of up to $1,000. A first DWI carries up to 60 days and up to $500. Many first-time clients are eligible for probation before judgment (PBJ), which can avoid a conviction on their record — but eligibility depends on your history and the facts of the case.
| Offense | DUI | DWI |
|---|---|---|
| Second | Up to 2 years, up to $2,000 Mandatory minimum 5 days* | Up to 1 year, up to $500 |
| Third or later | Up to 3 years, up to $3,000 Mandatory minimum 10 days* | Up to 1 year, up to $500 |
*When the prior conviction was within 5 years.
| Situation | First | Second or later |
|---|---|---|
| Test result 0.08%–0.14% | 180-day suspension | 1-year suspension |
| Test result 0.15% or higher | 180-day suspension | 2-year suspension |
| Test refusal | 270-day suspension | 2-year suspension |
Request your MVA hearing within 10 days of arrest to keep driving until the hearing.
Field Sobriety Testing
Most DUI and DWI arrests in Maryland begin with Standardized Field Sobriety Tests. These roadside tests were developed by the National Highway Traffic Safety Administration (NHTSA), and they are only reliable when officers give and score them exactly as NHTSA requires.
Allan Rombro is NHTSA trained, having successfully completed the course of study and field training required for all law enforcement officers before they are authorized to administer the SFSTs.
Allan Rombro has more experience evaluating SFSTs than the majority of police who administer those tests.
Allan Rombro · NHTSA-trainedThat training lets Allan spot what others miss: instructions given out of order, tests performed on uneven ground or in poor lighting, scoring errors, and medical or physical conditions that affect the results.
The officer watches your eyes follow a pen or light. Medical conditions, fatigue and improper technique can all produce false clues.
Nine heel-to-toe steps along a line, a turn, and nine steps back. Footwear, road surface, weight and age all affect performance.
Standing on one foot while counting aloud. NHTSA guidance recognizes many sober people cannot perform it reliably.
Federal Court
Not every Maryland DUI is a state case. If you are stopped on federal property — a military installation, a federal campus, or a federally patrolled parkway — your case can be prosecuted in the U.S. District Court for the District of Maryland instead of a Maryland District Court.
Federal DUI cases follow different procedures, different prosecutors and different rules, but a conviction can still affect your Maryland driver’s license. Many lawyers who handle state DUIs never appear in federal court.
Next Steps
The officer takes your license and issues a temporary one. Request your MVA hearing within 10 days to keep driving until the hearing. If you refused a test, the deadline matters even more.
Do not discuss the arrest with the police, the insurance company or on social media. Write down what you remember about the stop while it's fresh.
Most cases start in the District Court of Maryland, where a judge decides the case. You can request a jury trial, which moves the case to Circuit Court — a strategic choice to make with your lawyer.
Completing alcohol education, an assessment or a treatment program early — and installing ignition interlock where it helps — can make a real difference at sentencing and at the MVA.
Defenses
Police need a valid reason to pull you over. If the stop was unlawful, the evidence that followed can be excluded.
Alcohol keeps absorbing after you stop drinking. Your level at the time of the test may be higher than when you were driving.
Machine calibration, the required observation period before the test, and the operator's certification can all be challenged.
SFSTs given or scored outside NHTSA standards are unreliable — and Allan is trained to the same standard as the officers.
Confusing advice of rights, a request for a lawyer or a medical inability to give a sample can all be mislabeled as a refusal.
Why It Matters Who Defends You
The difference between a DUI and a DWI conviction — or no conviction at all — often comes down to details: how the stop was made, how the tests were given, and how the case is negotiated. A highly skilled and experienced DUI/DWI lawyer makes the critical difference.
Less jail exposure, 8 points instead of 12, and suspension instead of revocation.
For eligible clients, a PBJ can avoid a conviction on your record.
Allan knows the judges, the prosecutors and how each courthouse handles DUI cases.
Protecting your license is handled alongside the criminal case, not as an afterthought.
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Common Questions
For most adult drivers, an alcohol concentration of 0.08% or higher is DUI per se. A reading of 0.07% is evidence of impairment that supports a DWI charge. Drivers under 21 face a 0.02% limit and commercial drivers a 0.04% limit. You can also be charged at a lower reading if the officer believes your driving was impaired.
Yes. A first DUI carries up to 1 year in jail, a fine of up to $1,000 and 12 points, which means license revocation. A first DWI carries up to 60 days, up to $500 and 8 points, which means suspension.
Often, yes. Depending on the evidence — the breath test, the stop and the field sobriety tests — a skilled defense attorney may be able to negotiate a DUI down to DWI, or a DWI to probation before judgment. Every case is different, and outcomes depend on the facts.
A DUI conviction carries 12 points, which results in revocation of your Maryland license. A DWI conviction carries 8 points, which results in suspension.
A refusal triggers an administrative suspension from the MVA, separate from the criminal case, and the refusal can be used as evidence against you in court. You have a short window to request an MVA hearing — call a lawyer immediately.
Not always. Officers sometimes record a refusal when a driver asked to speak to a lawyer first, was confused by the advice of rights form, or could not give an adequate breath sample because of a medical condition. A recorded refusal can be challenged at the MVA hearing and in court.
Yes, and it’s common. Both charges are usually filed from the same stop. If you are convicted of DUI, the DWI merges into it, so you are not sentenced twice for the same conduct.
Yes. A stop on a military base, a federal campus or a federally patrolled parkway can be prosecuted in the U.S. District Court for the District of Maryland. Allan Rombro has been admitted to that court since 1989.
Request the hearing within 10 days of the arrest to keep driving until the hearing is held. Missing that deadline can mean your suspension starts automatically.
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