If you have been arrested for driving under the influence in Maryland, one of your first questions may be whether you are facing a felony. The distinction matters because felony convictions generally carry more severe consequences and may have a greater long-term impact than misdemeanors.
In Maryland, a standard DUI is generally a misdemeanor, not a felony. Even so, a DUI conviction can expose a person to incarceration, fines, driver's license consequences, and other serious problems. In cases involving a death, prosecutors may also pursue separate felony charges.
Schlachman, Belsky, Weiner & Davey, P.A. represents people accused of DUI/DWI and other offenses through its Maryland criminal defense practice.
Is a DUI a Misdemeanor or Felony in Maryland?
Under Maryland law, a typical DUI offense is classified as a misdemeanor.
Maryland Transportation Article § 27-101 provides that violations of Maryland Vehicle Law are misdemeanors unless a particular offense is expressly designated as a felony or is punishable by a civil penalty.
Maryland's primary DUI law, Transportation Article § 21-902, prohibits driving or attempting to drive while under the influence of alcohol, under the influence of alcohol per se, impaired by alcohol, or impaired by certain drugs or controlled dangerous substances. A standard violation of § 21-902 is not classified as a felony.
That does not mean a DUI is a minor matter. A misdemeanor conviction can still result in substantial criminal and administrative consequences.
What Is the Difference Between DUI and DWI in Maryland?
Maryland law distinguishes between driving under the influence of alcohol, commonly called DUI, and driving while impaired by alcohol, commonly called DWI.
DUI is generally the more serious offense. Both charges can carry criminal penalties and may also affect a person's driving privileges.
The government's case may rely on chemical test results, police observations, driving behavior, field sobriety tests, statements, and video evidence. A person accused of either offense remains presumed innocent unless and until the State proves the charge beyond a reasonable doubt.
What Are the Penalties for a First DUI in Maryland?
Under the current version of § 21-902, a first conviction for driving under the influence of alcohol may carry imprisonment of up to one year, a fine of up to $1,200, or both.
A conviction may also affect employment, professional licensing, insurance costs, and a person's ability to drive. These collateral consequences can be significant even though the offense is classified as a misdemeanor.
Does a Second DUI Become a Felony?
Generally, no. A second DUI does not automatically become a felony solely because a person has a prior conviction.
Maryland law does, however, provide increased potential penalties for subsequent DUI offenses. The timing and nature of prior convictions can influence how a new charge is prosecuted and sentenced.
Anyone facing a repeat charge should speak with an attorney experienced in defending criminal charges in Maryland rather than assuming a subsequent DUI will be treated the same as a first offense.
Is a Third DUI Automatically a Felony?
No. Maryland does not generally convert a standard § 21-902 DUI into a felony simply because it is a third offense.
This differs from the approach taken in some other states, where repeated impaired-driving convictions may eventually result in a felony DUI classification.
A third or subsequent DUI can still expose a defendant to substantially greater consequences. Prior convictions may affect sentencing, driving privileges, and how prosecutors approach the case.
When Can Drunk Driving Lead to a Felony in Maryland?
Although an ordinary DUI is generally a misdemeanor, alleged impaired driving can lead to a felony charge when it results in another person's death.
Under Maryland Criminal Law § 2-503, a person who negligently causes another person's death while driving under the influence of alcohol or under the influence per se may be charged with homicide by motor vehicle while under the influence. The statute classifies that offense as a felony.
The standard offense currently carries up to five years of imprisonment, a fine of up to $5,000, or both. Greater maximum penalties may apply when the defendant has certain qualifying prior convictions.
These cases are very different from a routine DUI prosecution. Prosecutors must still prove every element of the felony charge beyond a reasonable doubt.
What If a DUI Crash Causes Serious Injury?
A crash involving serious injuries does not necessarily turn a DUI into a felony.
Maryland Criminal Law § 3-211 separately addresses life-threatening injuries caused by negligent driving while under the influence or impaired. The statute currently classifies certain alcohol-related life-threatening injury offenses as misdemeanors, although they can carry substantial incarceration and fines.
A crash may also create separate civil claims for injured victims. SBWD Law discusses some of those issues in its explanation of compensation available after drunk driving crashes.
Can Drug-Impaired Driving Lead to Felony Charges?
Maryland's impaired-driving laws are not limited to alcohol.
Section 21-902 also prohibits certain forms of driving while impaired by drugs, combinations of drugs and alcohol, or controlled dangerous substances.
If alleged drug-impaired driving results in a death, separate felony statutes may apply. Maryland Criminal Law §§ 2-505 and 2-506 address homicide by motor vehicle while impaired by drugs or certain controlled dangerous substances.
Does a DUI With a Child in the Vehicle Become a Felony?
Transporting a minor while driving under the influence can result in enhanced punishment under Maryland's DUI statute, but that circumstance does not automatically change the standard DUI offense into a felony.
Current § 21-902 provides greater maximum penalties for certain offenses committed while transporting a minor.
Depending on the facts, additional charges may also be possible. Each alleged offense should be analyzed separately.
Can a DUI Affect Your Driver's License?
Yes. A Maryland DUI case can create two separate legal problems: the criminal prosecution and an administrative driver's license matter.
Maryland Transportation Article § 16-205.1 contains Maryland's implied-consent provisions and addresses chemical testing and certain administrative consequences following suspected impaired driving.
A test result or refusal may affect driving privileges independently of what happens in the criminal case.
Can a DUI Be Combined With Other Criminal Charges?
Yes. The circumstances surrounding an arrest can sometimes lead to additional charges separate from the DUI itself.
For example, allegations that a driver left the scene after a collision can create separate legal problems. SBWD Law provides more information about Maryland hit-and-run laws.
Other charges may depend on whether a collision occurred, whether someone was injured, and the particular evidence collected by law enforcement.
What Evidence Is Used in a Maryland DUI Case?
An arrest is not a conviction. Prosecutors must establish the charged offense beyond a reasonable doubt.
Evidence in a DUI case may include:
- The reason for the traffic stop
- Police observations of the driver
- Body-camera or dashboard-camera footage
- Field sobriety testing
- Breath or blood test evidence
- Statements allegedly made by the driver
- Witness testimony
- Evidence concerning operation of the vehicle
A defense attorney can review the government's evidence and determine whether legal or factual issues affect the prosecution's case.
What Should You Do After a Maryland DUI Arrest?
If you have been arrested, you have the right to remain silent and the right to consult an attorney. Exercising those rights is different from attempting to avoid or interfere with an investigation.
Keep any documents provided by police or the Maryland Motor Vehicle Administration. Avoid discussing the facts of the case publicly or on social media.
Because driver's license issues can proceed separately from the criminal case, prompt legal advice may also help identify deadlines that require attention.
Talk to a Maryland DUI Defense Attorney
A standard DUI is generally a misdemeanor in Maryland, but the potential consequences should not be underestimated. Jail exposure, fines, driver's license restrictions, prior-offense enhancements, and additional charges can make these cases complex.
Schlachman, Belsky, Weiner & Davey, P.A. includes DUI/DWI representation among the matters handled by its Maryland criminal defense attorneys.
If you have been arrested or charged with DUI, contact Schlachman, Belsky, Weiner & Davey, P.A. or call (410) 685-2022 to discuss your circumstances.
Frequently Asked Questions About Felony DUI Charges
Is a First DUI a Felony in Maryland?
Generally, no. A standard first DUI under § 21-902 is ordinarily a misdemeanor, although it can still result in jail time, fines, and driver's license consequences.
Does a Second or Third DUI Become a Felony?
Not automatically. Repeat DUI convictions can increase potential penalties, but a standard DUI generally remains a misdemeanor.
Can a Fatal DUI Crash Result in a Felony?
Yes. Maryland has separate felony homicide statutes that may apply when negligent impaired driving causes another person's death.
Can Leaving a DUI Crash Create Another Charge?
Yes. Leaving the scene of certain crashes can lead to additional charges independent of the DUI allegation. For more information, review SBWD Law's guide to hit-and-run offenses in Maryland.
