Most DWI/DUI cases are charged by Maryland prosecutors as misdemeanors. However, Maryland criminal statutes identify a significant number of circumstances where a DWI/DUI must be charged as a felony. These include circumstances where:

• The current arrest is the third DUI in 10 years
• An accident was caused an accident, and there were significant injuries or fatalities
• The arrested person had a blood alcohol content above 0.20% — DUI is a crime in Maryland at 0.08% level
• The defendant was driving more than 20 miles per hour over the applicable speed limit
• The defendant had passengers in the car who were 14 years old or younger

What is the difference between a felony and a misdemeanor? Generally, misdemeanor charges/convictions are considered less serious and, thus, carry less severe legal consequences. It used to be that distinguishing a misdemeanor from a felony was relatively easy. It used to be that misdemeanors were crimes that had potential jail sentences of less than a year, and felonies were those crimes that could result in jail time of more than a year.

However, here in Maryland, the definition depends on how the crime is described in the criminal statute. Thus, a second DUI offense is still defined as a misdemeanor even though the potential jail time is up to two years.

Legally and practically, the distinction between misdemeanor and felony crimes is important. This is true for many reasons. As noted above, the first reason is that a misdemeanor charge will result in a lesser potential jail time. In addition, the potential fines for misdemeanors are much lower. There are other important distinctions. With respect to criminal procedure, misdemeanor charges are handled by the Maryland District Courts without juries which allows for an automatic new trial at the Circuit Court level. This can be “good” if the new trial generates a better result.

With respect to “life consequences” of a criminal conviction, employers, landlords, and others are less worried about hiring or renting to a person convicted of a misdemeanor. Thus, arrests and convictions for misdemeanors are less disruptive to living a normal life. Further, Maryland laws allow for certain crimes to be sealed or expunged, but generally, those legal remedies are available only for misdemeanors. Having arrests and convictions sealed or expunged is another important method of avoiding long-term injury to one’s future potential normal life.

In addition, the distinction between a felony and misdemeanor conviction matters if there is a future arrest/conviction. Past convictions are used for sentencing guidelines for second, third, and additional convictions. But convictions for misdemeanors often do not “count” or “count” less for purposes of enhanced sentencing. Finally, felony convictions have large impacts on the exercise of certain rights like gun possession, voting, serving on juries, and the ability to hold public office. Generally, misdemeanor convictions do not impact such rights.

Long-Term Impacts of a DUI Conviction in Maryland

Even a first-time DUI conviction in Maryland can lead to consequences that extend far beyond the courtroom. While the criminal penalties may include jail time, fines, or probation, the long-term effects often impact employment, housing, and your ability to move freely.

Employment Challenges

Many employers conduct background checks before hiring or promoting employees. A DUI conviction on your record can raise red flags, especially in fields that require driving, public trust, or professional licensing. Commercial drivers may lose their CDLs, and healthcare, education, or law enforcement individuals may face disciplinary action. Even when a DUI is classified as a misdemeanor, employers may treat it as a serious offense.

A DUI can create additional barriers if a job requires security clearance or government approval. Some agencies view repeat offenses or high blood alcohol levels as indicators of poor judgment or risk.

Insurance Consequences

Auto insurance premiums often increase dramatically after a DUI conviction. In Maryland, drivers may be required to file an SR-22 form, verifying high-risk drivers’ insurance coverage. Some insurers may cancel a policy, while others offer continued coverage at steep rates. These added costs can continue for several years after the court process.

Housing and Background Checks

Landlords in Maryland may deny rental applications based on a criminal record. A DUI conviction, even as a misdemeanor, can make securing housing in competitive markets more difficult. In certain situations, those already renting may face lease complications or renewal denials depending on the terms of their rental agreement.

Driving Restrictions and Transportation Barriers

Maryland law allows for license suspension or revocation in DUI cases. Drivers may be required to install an ignition interlock device as a condition of reinstatement. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath. For individuals who depend on driving for work or family responsibilities, these restrictions can cause significant disruption.

Immigration and International Travel

Non-citizens convicted of DUI may face additional hurdles related to immigration status. A DUI could affect eligibility for a visa, green card renewal, or naturalization. Some countries, including Canada, have strict entry rules for travelers with criminal convictions. Even a misdemeanor DUI in Maryland may result in denied entry or travel restrictions abroad.

Repeat Offenses Raise the Stakes

Each additional DUI conviction in Maryland brings tougher consequences. Sentencing enhancements may include mandatory jail time, higher fines, and longer license suspensions. Courts also consider prior convictions when determining whether to allow probation or impose harsher penalties.

When a person faces multiple DUI charges within a short period, prosecutors may be less willing to negotiate. These patterns are often treated as serious public safety concerns, limiting options for alternative sentencing.

Protecting Your Future

The long-term effects of a DUI extend far beyond initial penalties. While Maryland law distinguishes between misdemeanors and felonies, the impact on your life may not be simple. A strong defense strategy from the start is the best way to reduce risk and avoid lasting damage to your reputation, finances, and freedom.

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 2670 Crain Highway, Waldorf, MD, 20601.