What Happens If You're Pulled Over and Under the Legal Limit in Maryland?

 Posted on May 08, 2026 in DUI Defense

Most people assume that if their blood alcohol content (BAC) is below 0.08 percent, they have nothing to worry about. It is true that 0.08 percent is when you can be charged with a DUI, or driving under the influence, in Maryland. But being under that number does not automatically mean you can’t get in any trouble. In 2026, Maryland law gives police and prosecutors tools to charge drivers who are below the legal limit, and the consequences can still be very serious.

If you were pulled over and are facing charges even though your BAC was under 0.08 percent, you need to understand what the law actually says. Call Posner & Cord, LLC, at 410-252-0600 for a free phone consultation with a Timonium DUI criminal defense lawyer.

What Is the Difference Between a DUI and a DWI in Maryland?

Maryland has two separate drunk driving offenses, and the difference is important to your case if your BAC was below 0.08 percent. A DUI, or driving under the influence, applies when your BAC is 0.08 percent or higher. This is the charge most people have heard of, and it is the more serious of the two.

A DWI, or driving while impaired, is a separate charge under Maryland Transportation Code Section 21-902(b). You can be charged with a DWI when an officer believes that alcohol (or anything else) has impaired your ability to drive safely, even without a BAC reading at the legal limit. A DWI is a criminal charge, not just a traffic ticket. It carries real penalties, including fines, license points, and potentially jail time.

In other words, you can be arrested and convicted in Maryland for driving with a BAC well below the number most people think of as the limit.

Can You Be Charged With a DWI Even If You Passed a Breathalyzer?

You can be charged with a DWI even if you passed a breathalyzer test. A breathalyzer result is only one piece of evidence. Maryland officers are trained to look for signs of impairment during a traffic stop, and if they observe enough of those signs, they can make an arrest regardless of your BAC number.

Common signs officers look for include:

• Slurred speech or trouble answering questions 
• Bloodshot or watery eyes 
• The smell of alcohol on your breath or in the vehicle
• Difficulty with balance or coordination during a field sobriety test 
• Unusual driving behavior that led to the stop in the first place

Field sobriety tests, such as the walk-and-turn or the one-leg stand, are often used to build a case for impairment even when BAC results are low. These tests are not perfectly reliable, and many factors unrelated to drinking, like a medical condition, nervousness, or road conditions, can affect how someone performs on them.

What Are the Penalties for a DWI in Maryland?

Even though a DWI is considered less severe than a DUI, the consequences are not minor. For a first-offense DWI in Maryland, you could face up to 60 days in jail, a fine of up to $500, and points on your driving record.

A second offense raises the stakes significantly, with up to one year in jail and a fine of up to $500. Enough points on your license can also trigger a suspension through the Motor Vehicle Administration.

Beyond the legal penalties, a DWI conviction creates a permanent criminal record. You don’t want that if you can avoid it. Our attorney can help you fight DWI charges and will do our best to keep your record clear.

Call a Timonium DWI Defense Attorney Today

Even if this is your first brush with the law, you could get into too much trouble to handle this alone. If you were pulled over and charged with a DWI or DUI, a skilled lawyer can review the circumstances of your stop, challenge the evidence against you, and fight for the best possible outcome. An officer’s interpretation of whether someone is impaired is often subjective and open to examination.

Call Posner & Cord, LLC, at 410-252-0600 for a free phone consultation with a Lutherville DUI/DWI defense attorney. Don’t wait to get the help you need.