A DUI charge in Maryland can have serious consequences like fines, license suspension, and possible jail time. Depending on the circumstances, a DUI can be charged as a more serious offense than a misdemeanor, especially when aggravating factors are involved. Understanding when a DUI becomes a more serious offense can help drivers know the legal risks and potential penalties they may face if driving impaired. Learn what factors can make a DUI charge a felony, the penalties that could apply, and why experienced legal representation at Alpert Schreyer can make a significant difference in your case.
Contact our Maryland DUI attorneys at Alpert Schreyer, LLC 24/7 by calling us at (301) 720-1309 or filling out our online form. During your consultation we will:
- Go through what happened in detail (e.g. why you were stopped, whether you took a breath, blood, or field sobriety test, your BAC level, what the officer said and if your rights were explained).
- Review any documents or evidence you have such as the arrest report or citation, court notices, or test results.
- Go over challenges or weaknesses in the case.
- Explain the charges and potential penalties (e.g. fines, jail time, probation, license consequences, and impacts to your record).
- Explain the legal process and next steps.
What Are Maryland’s DUI Laws?
Maryland enforces strict laws regarding impaired driving. If your Blood Alcohol Concentration (BAC) reaches 0.08% or higher, the state considers you under the influence. A first-time DUI in Maryland, if no one is injured, is usually classified as a misdemeanor. A misdemeanor can still carry jail time and fines, but a felony can face years in jail, mandatory treatment programs, lose the right to own firearms, and struggle to find employment.
What Causes a DUI to be a Felony?
Felony DUI charges in Maryland are usually filed because the drunk driver was extremely negligent, caused life-threatening injuries to another driver, passenger, or pedestrian, or showed a clear disregard for public safety. Here are common reasons that cause a DUI to be a felony charge.
Serious Injury
If impaired driving causes another person to suffer serious injuries, the charge may be elevated to vehicular assault.
Prior Convictions
Maryland doesn’t automatically classify a DUI as a felony based solely on prior convictions. However, repeat offenses, especially multiple DUI convictions within a 10-year period can result in significantly harsher penalties and lengthy jail sentences.
DUI Aggravating Factors
Certain aggravating circumstances can substantially increase misdemeanor penalties. DUI aggravating factors include:
- Child endangerment⎯Driving with a minor under the age of 18 while impaired.
- Extreme BAC⎯Having a BAC of 0.15 or higher.
- Reckless driving⎯Driving at excessive speeds or engaging in highly reckless behavior while impaired.
What Should You Do if You’re Pulled Over For a DUI in Maryland?
Being pulled over on suspicion of DUI can be stressful and scary. What you do during a traffic stop can have an impact on the outcome of your case. It’s important to remain calm and invoke your right to remain silent until you speak with an attorney. Anything you say may later be used as evidence against you, so it’s important to avoid making statements that could be self-incriminating.
Always be respectful when speaking with law enforcement because arguing, becoming confrontational, or refusing to provide basic identifying information can make the situation worse.
DUI Blood & Breath Tests in Maryland
Maryland’s implied consent laws mean that by driving a vehicle you by default agree to submit to chemical testing (i.e. breath, blood, or urine), if you’re lawfully detained or arrested for suspected DUI. If you refuse to take one of these tests, this could cause an automatic suspension of your license and other penalties. This is why speaking with the only board-certified DUI defense attorneys in Maryland at Alpert Schreyer is so important for protecting your rights.
Document the DUI Stop
As soon as possible after the stop, document everything you can remember because these details may become important later when building your defense. Helpful documentation for your lawyer includes:
- Where and when the stop occurred
- What the officer said
- Whether field sobriety tests were given
- What you drank beforehand
- Weather or road conditions
Only Designed DUI Forensic Lawyer Scientist in Maryland
Andrew D. Alpert is the only designated lawyer scientist in Maryland by the American chemical society. This recognition means we have extensive experience using science and chemistry knowledge to help handle complicated legal cases. We know both the scientific and legal sides of issues involving regulations, lawsuits, and expert testimony, so we can evaluate cases more thoroughly.
When your driving privileges, record, and future are on the line, having a knowledgeable Maryland DUI defense team gives you a strategic advantage and peace of mind throughout the legal process. Call us 24/7 at (301) 900-6561 or fill out our online form for a free case consultation today.
FAQs
Can a felony DUI be reduced to a misdemeanor?
Depending on the facts of the case, a felony DUI charge could be reduced to a misdemeanor through plea negotiations. Factors include, strength of the evidence, whether proper procedures were followed during the arrest, the severity of any injuries, and the driver’s prior record. If the DUI resulted in serious injury, death, or strong evidence of impairment, reducing the DUI charge from a felony to a misdemeanor is harder to do.
Will a felony DUI stay on my record?
Under Maryland law, a felony DUI will stay on your criminal record permanently.
Do I need a lawyer for a felony DUI charge?
Given the complexity and severity of felony DUI cases, having an experienced attorney at Alpert Schreyer is crucial to protect your rights and build a strong defense.
What are common charges for a first offense DUI in Maryland?
A first offense DUI is usually a misdemeanor in Maryland, however, it can still lead to serious consequences such as fines, license suspension, mandatory alcohol education, and possible jail time.
Are ignition interlock programs mandatory in Maryland DUI cases?
Yes, in Maryland, ignition interlock devices are required for most DUI cases under Noah’s Law.