Facing a DUI charge in Maryland can be overwhelming, and understanding the nature of the offense is crucial for navigating this situation. While most driving under the influence charges in Maryland are classified as misdemeanors, certain factors will elevate a DUI to felony status, leading to more severe penalties. Knowing when and why a DUI becomes a felony can help you prepare a stronger defense and give you the best chance of mitigating the potential consequences of a DUI arrest.
When a DUI Becomes a Felony in Maryland
In Maryland, most DUI charges are classified as misdemeanors, but certain circumstances can elevate a DUI to a felony. The below situations are some of the most common cases where a DUI in Maryland becomes a felony.
- DUI with a Child Passenger: When a DUI involves a child passenger, the charges are significantly enhanced, often resulting in felony charges. A child passenger is defined as anyone under the age of 14. Compared to misdemeanor DUI convictions, consequences may include extended jail time, more significant fines, and longer periods of driver’s license suspension.
- Second DUI Offenses: If an individual is convicted of a second DUI within a 10-year period, the charges can be elevated to a felony. This means more severe legal consequences, including longer jail sentences and higher fines.
- Third and Subsequent Offenses: Third and subsequent DUI convictions are almost always treated as felonies in Maryland. The penalties for these offenses include even longer periods of incarceration, higher fines, and longer periods of license suspension or revocation.
- Extreme DUI (BAC of .2 or Higher): An extreme DUI is defined by a blood alcohol concentration (BAC) of .2 percent or higher. If your BAC is at this level or higher, you will face felony charges.
Understanding when a DUI becomes a felony in Maryland is crucial, as the penalties can be severe and life-altering. If you find yourself facing felony DUI charges, it is essential to consult with an experienced attorney to help navigate the legal complexities and work toward the best possible outcome.
Collateral Consequences of Felony DUI Convictions
A felony DUI conviction can have significant collateral consequences that go beyond the legal penalties you face. These often include:
- Employment Issues: Felony DUI conviction can cause difficulty securing or maintaining jobs, as employers generally run background checks. Jobs that involve driving will likely be off the table.
- Impact on Professional Licenses: Felony DUI convictions can lead to the loss or suspension of professional licenses, further impacting career opportunities. It may also prevent a person from being able to obtain professional licensure.
- Higher Insurance Rates: You will face significantly higher auto insurance premiums or difficulty obtaining insurance coverage after a felony DUI conviction.
- Housing Difficulties: Landlords typically run background checks on potential tenants and may not rent to them if they have a felony record.
If you’re facing a felony DUI charge, it’s essential to reach out to a criminal defense lawyer as soon as possible.
Possible Defenses to DUI Charges
If you’re facing DUI charges, it can be incredibly helpful to understand the possible defenses your lawyer may use to defend you. The fact that you’ve been charged with a felony DUI doesn’t mean you will be convicted. Below are some of the most common defenses:
- Insufficient Evidence: If the prosecution cannot provide enough evidence to prove your guilt beyond a reasonable doubt, you should be acquitted. For example, if they can’t prove you were actually operating the vehicle or there’s no real evidence that you were under the influence, you can’t be convicted.
- Illegal Traffic Stop: If the officer had no valid reason to pull you over, any evidence obtained during the stop could be suppressed and excluded from court. This could create a situation where the prosecutor essentially has no evidence to prove you were driving under the influence.
- Breathalyzer Test Inaccuracies: If the breathalyzer machine was not properly calibrated or administered, the results may be unreliable and inadmissible. This means the evidence can’t be used against you, which gives you a better chance of beating the charges.
- Challenging the Officer’s Testimony: If the credibility of the arresting officer is questionable due to bias or inconsistent statements, their testimony may be less persuasive to the court. This could lead to an acquittal.
- Alternative Explanations for Behavior: Providing explanations for your behavior that are unrelated to alcohol or drugs, such as fatigue or a medical condition, can cast doubt on the prosecution’s claims.
The exact defense used will depend on the specifics of your case and what strategy your attorney believes is best. If you need help with a DUI charge, contact a Maryland DUI defense lawyer today.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771