When is DUI a Felony in Maryland?

 Posted on September 10, 2024 in DUI

Driving under the influence(DUI) is a serious offense in Maryland, and understanding the circumstances that elevate DUI to a felony is important not only for drivers in the state but also for anyone charged with DUI. Several factors can lead to felony DUI charges, including having a child passenger, repeat offenses, and extreme DUI situations. Regardless of whether you are facing misdemeanor or felony DUI charges, a qualified attorney can help you fight the charges and protect your freedoms.

DUI with a Child Passenger

One of the most significant factors that can turn DUI into a felony in Maryland is having a child passenger in the vehicle. The law considers this a severe offense due to the additional risks posed to minors. Key points to consider include:

• Definition of child passenger – In Maryland, a child passenger is generally defined as anyone under the age of 14.

• Penalties – If charged with DUI while a child is in the car, offenders can face enhanced penalties, including potential felony charges. If convicted, penalties can include jail time, significant fines, and a potential loss of driving privileges.

Repeat DUI Offenses

Maryland takes a tough stance on repeat DUI offenders. If a driver has previously been convicted of DUI, subsequent offenses can potentially lead to felony charges. Here is what you should know:

• First offense – Typically, a first DUI conviction is treated as a misdemeanor, but penalties can escalate with repeat offenses.

• Second offense – A second DUI conviction within ten years can result in felony charges.

• Third offense – Anything after a second DUI conviction will likely be considered a felony.

Extreme DUI

Another scenario that can trigger felony charges in Maryland is an extreme DUI, defined as having a Blood Alcohol Concentration (BAC) of .2 percent or higher. This situation is treated seriously due to the heightened danger such levels of intoxication pose. Consider these aspects:

• The severity of the offense – A DUI with a BAC over .2 percent is not just an ordinary DUI; it indicates a very high level of impairment.

• Penalties – Offenders facing extreme DUI charges can encounter steeper fines, longer jail sentences, and mandatory alcohol education programs.

• Non-legal implications – A felony DUI for extreme BAC not only affects immediate sentencing but can also impact future employment and insurance rates.

Contact Our Silver Spring, MD DUI Defense Attorney

Understanding when DUI becomes a felony in Maryland is important to know for every driver in the state. Whether it is due to having a child passenger, repeated offenses, or extreme intoxication, the consequences are severe. If you are facing felony DUI charges, contact the aggressive Montgomery County, MD DUI defense lawyers with The Law Offices of Gerstenfield & Demirji, PC.. Available 24/7, call 301-589-9500 for a free consultation.