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Is DUI a Misdemeanor or Felony

Q: Is DUI a misdemeanor or felony?  A: In Maryland, a DUI (driving while under the influence of alcohol) and DWI (driving while impaired by alcohol) are classified as misdemeanors.

A DUI in Maryland is NOT a felony. A DWI in Maryland is NOT a felony.

If you’ve been charged with DUI in Maryland, contact attorney Randolph Rice at 410-288-2900 or email the office for immediate legal help.

Maryland Transportation Article 27-101 provides the law for misdemeanor DUI in Maryland:

Maryland Transportation Code Annotated §27-101
§ 27-101. Penalties for misdemeanor 
(a) Violation of vehicle laws a misdemeanor. — It is a misdemeanor for any person to violate any of the provisions of the Maryland Vehicle Law unless the violation:
(1) Is declared to be a felony by the Maryland Vehicle Law or by any other law of this State; or
(2) Is punishable by a civil penalty under the applicable provision of the Maryland Vehicle Law.

If you’ve been charged with DUI in Maryland, contact attorney Randolph Rice at 410-288-2900 or email the office for immediate legal help.

Is DUI a Misdemeanor or Felony in Maryland

BUT, there is always a but in the law.

Felony DUI in Maryland

It is a felony to if you are drunk driving and you cause the death of another person. The Maryland Criminal Law defines homicide by motor vehicle while under the influence of alcohol or under the influence or alcohol per se.

Maryland Criminal Law §2-503
§ 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se 
(a) Prohibited. — A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:
(1) under the influence of alcohol; or
(2) under the influence of alcohol per se.
(b) Name of crime. — A violation of this section is:
(1) homicide by motor vehicle or vessel while under the influence of alcohol; or
(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.
(c) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both.

If you’ve been charged with DUI in Maryland, contact attorney Randolph Rice at 410-288-2900 or email the office for immediate legal help.

Felony DUI while impaired by Alcohol

You can also be charged with a Felony if you cause the death of another while impaired by alcohol in Maryland:

Maryland Criminal Law §2-504
§ 2-504. Homicide by motor vehicle or vessel while impaired by alcohol 
(a) Prohibited. — A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.
(b) Name of crime. — A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.
(c) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.

If you’ve been charged with DUI in Maryland, contact attorney Randolph Rice at 410-288-2900 or email the office for immediate legal help.

Felony DUI with Drugs

Or causing the death of another while impaired by Drugs is a felony in Maryland:

Maryland Criminal Law §2-505
§ 2-505. Homicide by motor vehicle or vessel while impaired by drugs 
(a) Prohibited. — A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.
(b) Name of crime. — A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.
(c) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.
(d) Prohibited defense. — It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.

Felony DUI with CDS

You can also be charged with a felony DUI while on controlled dangerous drugs in Maryland:

Maryland Criminal Law §2-506
§ 2-506. Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance 
(a) Prohibited. — A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5-101 of this article.
(b) Name of crime. — A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
(c) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.
(d) Exception. — This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.

If you’ve been charged with DUI in Maryland, contact attorney Randolph Rice at 410-288-2900 or email the office for immediate legal help.

 

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