Driving under the influence (DUI) is illegal in all jurisdictions of Maryland, yet whether the offense is categorized as a misdemeanor or felony depends on individual circumstances. First off, a misdemeanor offense is typically viewed as less serious than a felony charge; moreover, a felony will affect your voting rights whereas a misdemeanor will not affect your right to vote in Maryland. So, when does a driving under the influence (DUI) or driving while intoxicated (DWI) charge transition from a misdemeanor to a felony charge?
DUI in Maryland: Misdemeanor or Felony?
Whenever a vehicular manslaughter has taken place in a DUI or DWI case, the charge is typically boosted from a misdemeanor to a felony. That said, strict penalties are still in effect for misdemeanor DUI charges in Maryland.
In the following circumstances a DUI or DWI charge is treated more seriously by the courts:
- You have more than one reported drunk driving offense in the last decade;
- You showed a blood alcohol content of .20 or higher;
- You had a juvenile aged fourteen or younger in the car at the time of the DUI; or
- You were driving recklessly at 20 MPH (or more) over the speed limit.
If one or more of these conditions are met, you may face jail time of three years and criminal fees of $3,000 in the state of Maryland. These penalties may be added to administrative fees and a one-year suspension of your driver’s license.
Breaking Down Maryland’s DUI Laws
If, as a result of a DUI accident, the other driver, passenger or a nearby pedestrian suffered an injury, the offense against the drunk driver is escalated to a more serious misdemeanor. That is, the misdemeanor is treated more seriously by the courts than a DUI offense that did not involve an accident or personal injury.
If the impaired driver (i.e., BAC of less than .08) is successfully charged with a life-threatening injury to another driver, passenger or pedestrian, then the penalty may be two years of jail in addition to $3,000 in further penalties; administrative fees may also apply. If the drunk driver (i.e., BAC over .08) is successfully charged with a life-threatening injury, the repercussions may be jail time of three years and $5,000 in further penalties.
If another driver, passenger or involved pedestrian dies as a result of a proven DUI or DWI offense, the charge is automatically shifted from a misdemeanor to a felony. This is technically termed “homicide by motor vehicle” while impaired or under the influence of an alcoholic substance. In these cases, stiffer jail time awaits drunk drivers than impaired drivers convicted in the state of Maryland.
DUI offenses involving a fatality entail up to five years of jail time whereas driving while impaired (i.e., BAC less than .08) and killing another driver, passenger or pedestrian may result in three years of jail time.
Mitigating Circumstances and Misdemeanor DUI
Other ramifications from a DUI offense in Maryland may involve the following:
- Three times insurance costs
- Limited employment opportunities
- Limited housing opportunities
If the DUI is a misdemeanor and not a felony, you may have the chance to get your sentence reduced if the judge agrees to sanction substance abuse treatment or the installation of an ignition interlock device (essentially a breathalyzer installed into your car) in your vehicle.
In closing, a DUI or DWI is treated as a more serious misdemeanor when the driver shows repeated offenses in the last decade or has a BAC exceeding .20. In addition, the state of Maryland imposes harsher sentences for injury or vehicular manslaughter associated with DUI charges.
