We Fight To Protect Your Rights

When can a Maryland DUI be classified as a felony?

On Behalf of | Jul 18, 2026 | CRIMINAL LAW - Drunk Driving

Allegations of drunk driving lead to driving under the influence (DUI) charges. Much of the time, Maryland motorists accused of DUI offenses face misdemeanor charges. They may be at risk of a permanent criminal record and a criminal sentence that could include fines, jail time and a driver’s license suspension.

However, the criminal record that results from a misdemeanor offense has less of a lasting impact than the record produced by a felony conviction. The penalties imposed by the courts are typically lower as well. Many employers and landlords only exclude those with felony convictions from opportunities, while those with misdemeanors might still be eligible for housing or employment.

In some cases, Maryland prosecutors can pursue felony DUI charges against drivers. What may justify a felony DUI charge?

Drivers must cause injury or death

The rules about drunk driving charges are different in every state. In some states, repeat offenses or driving with minors in the vehicle can be enough to warrant felony DUI charges.

Maryland takes a much stricter approach to felony DUI prosecution. Prosecutors can only bring felony DUI charges in cases where the impaired driver caused serious bodily injury or the death of another person.

Repeat offenses and charges involving unusually high blood alcohol levels may still lead to misdemeanor charges. Even when facing a felony charge, there may be opportunities to either outright defend against the allegations or negotiate a clear arrangement that reduces the charges to misdemeanor charges or take certain penalties off the table during sentencing.

Having legal representation during a criminal trial can help people avoid the worst consequences of felony DUI allegations. An attorney can assess the situation and help create a workable defense strategy.