Yes, it can. In Maryland, DUI and DWI charges do not depend on the number of drinks you had. Instead, they depend on what the officer claims they observed, what testing shows, and whether the state believes alcohol affected your driving. On Christmas Eve, enforcement typically increases, roads get congested, and officers expect to find impaired drivers near restaurants, bars, and holiday events. Because of that, a stop can escalate quickly, even if you believe you stayed under control.
Still, two drinks does not automatically mean you were impaired. Many Christmas Eve DUI cases hinge on details that can be challenged. The key is understanding how Maryland charges impaired driving, what penalties you face, and what to do immediately so you do not accidentally strengthen the case against you.
Why Two Drinks Can Still Lead To DUI Or DWI Charges In Maryland
Police usually build an impaired driving case using a combination of driving behavior, observations, and testing. Two drinks can become part of that story if the officer believes your driving or behavior looked impaired.
Common factors officers rely on include:
- Driving pattern claims such as drifting, wide turns, inconsistent speed, or delayed braking
- Physical observations such as odor of alcohol, bloodshot eyes, or unsteady movement
- Statements like admitting you drank, describing drink count, or explaining where you were
- Field sobriety testing performance that the officer interprets as impairment
- Breath or blood results if chemical testing occurs
Two important takeaways:
- The stop often becomes more serious because the officer believes they see impairment signs, not because of drink count.
- A casual statement like I only had two drinks can still function as an admission that alcohol was involved.
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DUI Versus DWI In Maryland: Why The Label Matters
Maryland generally uses two levels of alcohol-related driving charges:
- DUI, which typically involves a higher level of alleged impairment
- DWI, which typically involves impairment to a lesser degree
That difference matters because it can affect penalties and points, and it can also influence how the state approaches the case.
Maryland Penalties You Need To Know Before You Make Any Decisions
Even if you believe the situation is minor, the listed Maryland penalties are not minor.
First offense DUI penalties can include:
- Up to 1 year in jail
- Up to a 1,000 dollar fine
- 12 points on your license
First offense DWI penalties can include:
- Up to 60 days in jail
- Up to a 500 dollar fine
- 8 points on your license
If a minor was in the vehicle, Maryland lists increased potential penalties, including higher maximum jail time and higher fines.
This is why it is risky to assume two drinks means you can treat the stop like a misunderstanding that will fade away.
Similar Post: What Should You Do In The First 12 Hours After A Holiday DUI Arrest In Maryland?
Why Christmas Eve DUI Stops Escalate Faster Than People Expect
Christmas Eve creates conditions that make stops more common and investigations more aggressive.
Holiday-specific factors include:
- Heavier enforcement and faster escalation once alcohol is suspected
- More stop-and-go traffic that increases braking, lane shifts, and frustration
- More distracted drivers and unpredictable road behavior around shopping areas
- Nighttime driving with glare, rain, and visibility issues
- Fatigue that can look like impairment, especially late at night
These factors do not prove guilt. However, they do explain why a stop can become an arrest quickly.
Field Sobriety Tests Can Be Unreliable In Winter Conditions
Field sobriety tests often look objective, but they are performance-based and easy to struggle with even when sober, especially outdoors on a cold night.
Common Christmas Eve issues include:
- Uneven ground on shoulders, sloped pavement, or broken sidewalks
- Cold temperatures that stiffen muscles and affect balance
- Winter footwear that changes traction and stability
- Headlight glare and flashing lights that disrupt focus
- Stress and anxiety that affect coordination
- Medical issues such as vertigo, knee problems, back pain, or prior injuries
If the case leans on field tests, those conditions can matter a lot when evaluating whether the results actually prove impairment.
Similar Post: What Should You Say And Not Say During A Holiday DUI Traffic Stop In Maryland?
Chemical Testing Can Shape The Entire Case
If the stop involves a breath or blood test, the result often drives the state’s theory and the penalty exposure. It can also trigger licensing consequences and deadlines that move quickly after an arrest.
Key practical points:
- Chemical testing outcomes can affect how the charge is treated and what penalties are on the table.
- Paperwork and deadlines can matter as much as court dates, especially when driving privileges are at stake.
Two Drinks Does Not Automatically Mean A Conviction
A stop is not a conviction. An arrest is not a conviction, either. DUI charges can weaken when the evidence does not support what the state claims.
Common pressure points in Christmas Eve DUI cases include:
- A weak reason for the stop
- Thin probable cause for arrest based on vague or generic observations
- Poor testing conditions and unclear instructions during field tests
- Gaps or inconsistencies in the report compared to what occurred
- Procedural or documentation issues tied to chemical testing
The point is not to assume an outcome either way. The point is to treat the case as evidence-driven.
What To Do If You Get Stopped For DUI On Christmas Eve In Maryland
These steps protect you without escalating the situation.
- Stay calm and respectful
- Keep answers short and factual
- Avoid guessing about how much you drank or when
- Pay attention to details like the location, timing, and what the officer says
- Write down a timeline as soon as you can after the stop
- Save receipts and location records that help confirm timing
- Avoid posting or texting details about the stop to friends or on social platforms
What Not To Do If You Only Had Two Drinks
This is where people accidentally hand the state extra evidence.
- Do not say I only had two drinks, since it still confirms alcohol involvement
- Do not argue roadside or try to litigate the case in the moment
- Do not assume field test struggles prove impairment
- Do not ignore paperwork or deadlines that follow the arrest
- Do not rush into a plea just to make the stress disappear
Were You Stopped For DUI On Christmas Eve In Maryland? Get Guidance From Maronick Law
A Christmas Eve DUI stop can lead to charges even when you believe you only had two drinks. What matters is what the state can prove and whether the evidence actually supports impairment.
Maronick Law can evaluate the stop, explain the DUI and DWI penalties listed under Maryland law, and help you understand what next steps may protect your license and your future. To get started, call 443-551-2747or use the online contact form to request a confidential consultation. We represent clients throughout Maryland, including Towson, Baltimore, and Ocean City.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.