Most first-offense driving under the influence (DUI) cases in Maryland are charged as misdemeanors. Repeat offenders also usually face enhanced misdemeanor penalties rather than felony charges. However, there is one key situation where a DUI can rise to the level of a felony under Maryland law: when the drunk driving causes another person’s death.
Per Maryland Transportation Code § 21-902, driving while under the influence is generally a misdemeanor offense. However, if a driver causes a crash that kills someone while they are impaired, prosecutors can charge them under Maryland Criminal Law § 2-503 through § 2-506 for vehicular manslaughter or homicide by motor vehicle while under the influence.
DUI as a Misdemeanor in Maryland
For most people, a DUI is prosecuted as a misdemeanor. This generally remains true even if it’s not their first offense. The penalties depend on the driver’s prior record and the circumstances of the arrest.
A first-time DUI conviction may lead to punishment, including things like:
- Possible jail time
- Fines of up to $1,200
- License suspension
- Ignition interlock requirements
While these penalties are serious, they usually remain in the misdemeanor category unless the DUI results in death.
When a DUI Becomes a Felony
A DUI in Maryland does not automatically become a felony. Instead, felony charges may be filed when impaired driving results in the death of another person. To secure a conviction, prosecutors must prove that the driver was impaired and that their intoxication directly caused the fatal crash.
The penalties for these offenses are severe. For vehicular homicide while under the influence, the potential sentence is up to five years in prison and fines of $5,000. If certain factors are present, however, such as a prior offense, the maximum penalty can increase to ten years in prison and $10,000 in fines.
Why Does Maryland Rarely Classify a DUI as a Felony?
Unlike many other states, Maryland does not automatically classify a third or fourth DUI as a felony. The legislature has chosen to treat most DUIs as misdemeanors, emphasizing rehabilitation and deterrence rather than lifelong felony consequences.
That said, the penalties for repeat DUIs can still be extremely harsh. Habitual offenders can face longer jail terms and higher fines, among other impacts.
Since felony DUI charges involve loss of life, they are far less common but far more devastating. A conviction can leave a criminal record that causes lifelong collateral consequences, such as difficulty finding housing and employment.
Can a Felony DUI Be Expunged in Maryland?
Expungement is generally not available for DUI convictions in Maryland unless a probation before judgment (PBJ) was present in your case. Felony DUIs, in particular, will likely remain on your record permanently and cannot be removed.
However, an attorney may still be able to help by pursuing any available post-conviction relief options, such as a sentence modification or appealing your conviction. If you need advice about your particular circumstances, getting in touch with a qualified lawyer is one of the best steps you can take.
Contact a Waldorf DUI Attorney for Help With Your Charges
While most DUIs in Maryland are misdemeanors, a drunk driving crash that causes death can lead to felony charges and years in prison. If you or a loved one has been arrested for DUI, contact a Maryland criminal defense lawyer as soon as possible.
Contact Alpert Schreyer Criminal Defense Attorneys today to schedule a meeting with a Waldorf criminal defense lawyer. It may not be too late to secure a favorable resolution, including having your charges dismissed altogether if possible under the law. 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