Is a Maryland DUI Ever a Felony Offense?

 Posted on January 22, 2025 in Uncategorized

Maryland’s Highway Safety Office reported that alcohol-impaired drivers contribute to about 35 percent of all fatal auto crashes across the state. The FY2024 report from Zero Deaths Maryland identified repeat DUI offenders as a "persistent issue." While no one is in favor of impaired drivers on Maryland’s roadways, there are times when an over-zealous officer charges a person who was not actually impaired with DUI.  

Being charged with a DUI has many repercussions, both legal and otherwise. In addition to potential jail time, high fines, and the suspension of the offender’s driver’s license, collateral consequences can include the loss of a job, the inability to secure employment, prohibitively high insurance rates, and social stigma from family, friends, and neighbors.

Yet DUI convictions in Maryland are usually misdemeanors – which are typically much easier to recover from than felony convictions. If you have been charged with a DUI in Maryland – misdemeanor or felony – it is extremely important that you speak to a knowledgeable Bethesda, MD DUI attorney.

What Are the Penalties for Misdemeanor DUI in Maryland?

The maximum penalty for a first-time DUI conviction in Maryland is up to a year in jail and a fine as large as $1,000. A second DUI conviction within five years of the first results in a mandatory minimum five-day jail sentence, with a maximum incarceration of two years and a $2,000 fine. A third DUI conviction is up to three years in jail and a $3,000 fine.

When Is DUI Charged as a Felony in Maryland?

Most people who are charged with DUI will be facing a misdemeanor charge – although a misdemeanor DUI should not be taken lightly as it can come with a wide variety of penalties and consequences. A felony conviction has even more severe consequences, affecting the right to own a gun, vote, obtain a government loan for college, or even rent a place to live.

While many states will charge a third, fourth, or subsequent DUI as a felony, the state of Maryland does not. While the penalties increase for multiple DUI convictions, they are not charged as felonies. A DUI in the state will only be charged as a felony when another person is injured or killed as a result of an impaired driver.

In short, a driver who is caught driving under the influence and who causes harm to another individual will face felony charges. Vehicular homicide while under the influence of alcohol is a felony subject to up to five years of prison and fines as large as $5,000. Causing a life-threatening injury to another person while under the influence of alcohol can result in up to three years in prison and up to $5,000 in fines.

What is an Aggravated DUI?

There are certain circumstances that will elevate a DUI to an aggravated DUI. While aggravated DUI remains a misdemeanor, there are more serious penalties and consequences associated with this charge. DUI charges can be increased to aggravated DUI charges when:

• The individual has more than one DUI charge in the past 10 years.
• The BAC of the individual charged with DUI is .20 percent or higher.
• There was a juvenile who was 14 or younger in the car at the time of the DUI stop.
• The individual charged with DUI was also driving more than 20 mph over the posted speed limit.

An aggravated DUI conviction can result in a minimum six-month license suspension, up to one year in jail, and fines between $500 and $1,000. A judge can also order a person convicted of aggravated DUI to undergo alcohol treatment or counseling. The offender may also be required to have an ignition interlock device installed in his or her car.

Contact a Montgomery County, MD DUI Attorney

If you have been charged with DUI, speaking to an experienced Rockville, MD DUI lawyer from Diamant Gerstein, LLC can be particularly beneficial. Our attorneys are very hands-on; we always answer calls from our clients personally. We have been designated as Maryland Super Lawyers and have lectured at Montgomery College. Call 301-560-2685 to schedule your initial appointment. Se habla espanol and  אנחנו מדברים עברית .