If you’ve been charged with DUI in Maryland, one of the first questions you might ask is: “Is DUI a felony in Maryland?” The answer can impact everything from how you defend your case to what penalties you may face. The short answer is no, a DUI is typically a misdemeanor in Maryland, but there are serious exceptions and circumstances where the consequences resemble those of a felony. Understanding how Maryland law treats DUI charges—and when they can escalate—is critical to protecting your rights.
Misdemeanor DUI in Maryland: The General Rule
In Maryland, most DUI offenses fall under the category of misdemeanor crimes. This includes first-time offenses and many repeat offenses. Under Maryland Transportation Article § 21-902, driving under the influence of alcohol or drugs is unlawful and punishable by:
- Up to 1 year in jail for a first offense
- A fine of up to $1,000
- 12 points added to your driving record
- License suspension or revocation
- Required alcohol education or treatment programs
A second offense can lead to:
- Up to 2 years in jail
- Fines up to $2,000
- Longer license suspensions
- Mandatory ignition interlock installation
Although these penalties are severe, they are still classified as misdemeanors, meaning they don’t carry the same legal status or lifelong restrictions as felony convictions.
Felony-Level DUI: When the Stakes Rise
Even though standard DUIs are misdemeanors, certain DUI-related crimes in Maryland are charged as felonies. Here are a few examples of when a DUI can lead to felony consequences:
1. Vehicular Manslaughter or Homicide While Impaired
If someone dies as a result of a DUI-related crash, you could be charged under Maryland Criminal Law § 2-503 or § 2-504 with:
- Manslaughter by vehicle while under the influence (a felony) – up to 15 years in prison and $5,000 in fines
- Vehicular homicide while impaired – another felony with similarly harsh penalties
These charges elevate a DUI from a traffic offense to a violent felony with life-changing consequences.
2. DUI with Serious Bodily Injury
If someone is seriously hurt in a crash and you are found to be impaired, prosecutors may charge you with first-degree assault or second-degree assault, both of which can be felonies depending on the facts. This is especially true if there’s evidence of gross negligence or reckless disregard for human life.
3. Repeat DUI Offenses
While even third and fourth DUI charges are technically misdemeanors in Maryland, the penalties increase significantly:
- Up to 3 years in prison
- $3,000 fine
- Mandatory minimum sentences for repeat offenders
- Greater scrutiny from prosecutors and judges
At a certain point, the punishment starts to mirror that of a felony—even if the legal classification doesn’t.
4. DUI with Aggravating Factors
Aggravating circumstances can enhance sentencing:
- DUI with a minor child in the vehicle
- DUI while driving on a suspended or revoked license
- DUI while on probation for a prior offense
These don’t automatically make the DUI a felony, but they often lead to enhanced penalties, higher fines, and longer incarceration periods.
Why the Distinction Matters
A felony conviction carries lifelong consequences, including:
- Loss of voting rights (while incarcerated)
- Ineligibility for certain professional licenses
- Disqualification from owning firearms
- Damage to employment and housing opportunities
Even though most DUI charges in Maryland are misdemeanors, the long-term impact can still be devastating. If your DUI involves an accident, prior offenses, or serious injury, the line between misdemeanor and felony becomes much thinner.
Defend Your Future with an Experienced DUI Lawyer
If you’ve been charged with DUI in Southern Maryland—including Charles County, Prince George’s County, Calvert County, or St. Mary’s County—it’s critical to speak with a Southern Maryland criminal defense lawyer who understands how to fight these charges.
At Southern Maryland Criminal Defense, we handle DUI cases every day. Whether it’s your first offense or you’re facing a felony-level situation, we’ll help you protect your record, your license, and your future.
👉 Contact us today for a free consultation and get the representation you deserve.
