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If you’re facing a DUI charge in Maryland, one of the first questions you might have is whether it’s considered a felony or a misdemeanor. This distinction matters because felony charges often come with harsher penalties, longer-lasting consequences, and more serious legal implications. In Maryland, DUI charges are typically classified as misdemeanors, but there are certain situations where a DUI can be treated more seriously—even if it doesn’t carry the official label of a felony.
This article is designed to provide clarity around how Maryland law classifies DUI offenses and how that classification affects arrest procedures, court outcomes, and long-term consequences. The focus here is strictly informational and does not include legal advice. By the end of this article, you’ll have a better understanding of how DUI charges are handled in Maryland and what circumstances may elevate a charge beyond the standard misdemeanor level.
Maryland takes impaired driving seriously, and even a first offense can carry severe consequences, including fines, jail time, and license suspension. However, the majority of DUI cases—especially first and second offenses that don’t involve injury—remain misdemeanors under state law.
Let’s begin with how Maryland legally defines a DUI and how the misdemeanor classification fits into that definition.
How Maryland Classifies DUI Offenses
In Maryland, a Driving Under the Influence (DUI) charge is generally a misdemeanor. This classification applies regardless of whether it’s a first or second offense, as long as the circumstances of the arrest do not involve serious bodily injury, death, or repeat violations that suggest a pattern of dangerous behavior.
A DUI in Maryland is defined under Transportation Article § 21-902 of the Maryland Code. A person can be charged with DUI if they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or if they are substantially impaired by alcohol or drugs.
While the offense is criminal, and can carry up to one year in jail for a first offense and up to two years for a second, it remains a misdemeanor unless the facts of the case involve more serious harm or are accompanied by other criminal conduct.
A DWI (Driving While Impaired), which is a lesser charge, is also classified as a misdemeanor but generally results in lighter penalties compared to a DUI.
When a DUI Might Lead to Felony-Level Consequences
Although DUI charges are classified as misdemeanors in Maryland, certain aggravating circumstances can cause the case to resemble a felony in terms of its impact—even if it remains a misdemeanor on paper.
Examples of such circumstances include:
- DUI Involving Serious Injury or Death: If a person causes a serious injury or fatal crash while driving under the influence, they may be charged with related felony offenses, such as vehicular manslaughter or criminally negligent homicide. These charges are separate from the DUI but are directly connected to the incident.
- Repeat Offenses: While even a third DUI is technically still a misdemeanor, the penalties can begin to resemble those for a felony—longer jail time, extended license suspension, and mandatory interlock programs.
- Driving With a Minor in the Vehicle: This may result in enhanced penalties, though it doesn’t automatically change the classification to a felony.
- Fleeing the Scene or Evading Arrest: If a DUI incident also includes fleeing from law enforcement or a hit-and-run, additional felony charges may apply.
So while the DUI charge itself remains a misdemeanor, it can be bundled with other charges that carry felony-level consequences.
Legal Penalties for Misdemeanor DUI in Maryland
Even as a misdemeanor, a DUI charge in Maryland comes with serious penalties. These increase with each additional offense and can include the following:
First Offense:
- Jail: Up to 1 year
- Fine: Up to $1,000
- Points: 12 points on your driving record
- License Suspension: Up to 180 days (longer if BAC is high or testing is refused)
Second Offense:
- Jail: Up to 2 years (with mandatory minimum of 5 days if within five years of first offense)
- Fine: Up to $2,000
- Mandatory Ignition Interlock Program
While these penalties are associated with misdemeanors, their impact can still be severe. Additionally, misdemeanor convictions remain on your permanent criminal record, which can affect employment, insurance rates, and more.
Felony-Level Offenses That May Accompany a DUI
Although a DUI charge itself is not a felony in Maryland, it’s important to understand the types of felony charges that may arise from a DUI-related incident:
- Vehicular Manslaughter (Criminally Negligent or Gross Negligence): If someone dies as a result of a DUI-related crash, the driver may face felony manslaughter charges, with prison terms ranging from up to 3 to 10 years, depending on the severity and circumstances.
- Second-Degree Assault: If a DUI results in injury to another person, the driver may be charged with assault, which can be a felony.
- Hit and Run or Leaving the Scene: Fleeing the scene of a DUI crash can lead to separate felony charges.
- Child Endangerment: Driving under the influence with a minor in the vehicle may lead to enhanced charges, depending on the situation.
Each of these situations is handled separately from the DUI charge but can significantly change the legal outcome of the case.
Difference Between Felony and Misdemeanor DUI: Why It Matters
Understanding whether a DUI is a felony or a misdemeanor is important because the classification affects everything from sentencing to long-term consequences. Here’s a quick comparison:
| Factor | Misdemeanor DUI | Felony-Level DUI-Related Charges |
|---|---|---|
| Typical Jail Time | Up to 1–2 years | 3+ years or more |
| Fines | Up to $2,000 | Up to $5,000 or more |
| Criminal Record | Permanent misdemeanor | Permanent felony |
| Job Impact | Moderate | Severe |
| Voting Rights | Unaffected | May be restricted if incarcerated |
| Firearm Ownership | Usually unaffected | Can be restricted |
While the vast majority of DUIs in Maryland are misdemeanors, the presence of aggravating factors can elevate a case quickly. Being aware of this helps individuals understand the gravity of DUI-related behavior and the potential consequences that go beyond the initial charge.
Long-Term Consequences of a DUI Misdemeanor
Even when classified as a misdemeanor, a DUI conviction in Maryland carries long-term impacts that extend well beyond the court’s ruling. These include:
- Insurance Rate Increases: Most drivers see sharp premium hikes after a DUI conviction.
- Background Check Visibility: Misdemeanor DUIs appear on background checks, which can affect employment, housing, and professional licenses.
- Limited Travel: Some countries may deny entry to individuals with DUI convictions, even misdemeanors.
- Impact on Future Legal Proceedings: Any future DUI will be treated more harshly due to the prior record.
These consequences highlight why even a misdemeanor DUI should be taken seriously. It affects not just the present moment, but future opportunities and personal freedoms as well.
FAQ: DUI Felony vs Misdemeanor in Maryland
Is a DUI a felony in Maryland?
No. A standard DUI in Maryland is classified as a misdemeanor, though serious outcomes can attach additional felony charges.
Can a DUI ever be a felony in Maryland?
The DUI itself is not reclassified as a felony, but if it results in death, serious injury, or involves other criminal behavior, separate felony charges may apply.
How many DUIs before it becomes a felony?
Maryland does not classify any number of DUIs as a felony by default. However, repeated offenses bring more severe misdemeanor penalties and may involve other felony-level issues.
Will a misdemeanor DUI stay on my record?
Yes. DUI convictions in Maryland remain on your criminal record permanently, unless expungement becomes available under rare circumstances.
What’s the difference between DUI and DWI in Maryland?
A DUI involves a higher BAC (0.08% or above), while a DWI applies when impairment is observed at a lower BAC. Both are misdemeanors but carry different penalties.
Do I lose my license for a misdemeanor DUI?
Yes, license suspension is one of the administrative penalties that often accompanies a DUI conviction.
Does a DUI affect job applications?
Yes. Many employers conduct background checks, and a DUI conviction—felony or misdemeanor—may impact hiring decisions.
Conclusion
In Maryland, DUI offenses are typically classified as misdemeanors, even when it’s a second or third offense. However, certain circumstances—such as causing injury, death, or committing other crimes during the incident—can lead to additional felony-level charges. While a misdemeanor may sound less serious, the penalties and long-term consequences can still be significant, making it essential to understand how state DUI laws work.
To learn more about state-by-state DUI laws or to see how Maryland’s DUI laws affect arrests and penalties, visit our full legal information hub for a detailed breakdown.