Maryland DUI Felonies vs. DUI Misdemeanors: FAQs

Under Maryland law, most DUI charges (“driving under the influence”) are deemed misdemeanor crimes. If you have been arrested for or charged with DUI here in Charles County, Maryland, call or contact us here at the Law Office of Robert Castro. We are experienced and trusted Charles County, MD, DUI attorneys. Contact us using our number (301) 870-1200 or use our contact page. We have offices in Waldorf, MD, and are available 24/7. Below are some answers to frequently asked questions about Maryland DUI felonies vs. DUI misdemeanors.

Q. What are the differences between felonies and misdemeanors?

In general, misdemeanor crimes are deemed less severe than felony charges. In many places in the U.S. (and under federal law), the difference between a misdemeanor and a felony is the amount of possible jail time. A misdemeanor carries a possible jail term of a year or less, while anything over a year is generally considered a felony. However, Maryland does not use this definitional dichotomy and defines, in each statute, whether a crime is deemed a misdemeanor or a felony. For example, first, second, and third-time DUI offenses are all deemed misdemeanors under Maryland law. However, a potential jail term of two years can be imposed for a second-offense DUI conviction, and three years is possible for a third or subsequent DUI conviction.

Q. Does the difference between felonies and misdemeanors really matter?

Yes. First, there are some important procedural differences. Misdemeanors are handled by the Maryland District Courts, while felonies are handled in the Circuit Courts. That means there is a different set of judges handling the two categories of crime. Misdemeanor criminal defendants are generally treated with more leniency.

Q. When can DUI be charged as a felony?

DUIs can be charged as felonies in several circumstances. These include:

• When the DUI is the fourth or subsequent DUI offense
• If a minor was in the vehicle at the time of the arrest — “minor” being defined as any person under the age of 18
• If the DUI resulted in an accident where death or serious bodily injury occurred

Note that Maryland prosecuting attorneys have the power to charge a DUI as a misdemeanor or felony in some of these circumstances. Thus, the prosecuting attorney might choose NOT to charge a felony if the “minor” was 17 years old. However, if the “minor” was an infant, usually a felony is charged. The same is true for accidents. If a death occurred, a felony is almost always charged. However, that is not always true for cases where serious bodily injury occurred.

Q. Do I really need a DUI lawyer for a misdemeanor DUI charge?

Yes. If you have been arrested and charged with any crime, you NEED a good criminal defense. You do not have to hire us; but consult and hire an experienced Maryland criminal defense lawyer. You WANT to avoid any conviction on your record. The “life consequences” can be severe.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is