When is DUI a Felony in Maryland?

 Posted on January 14, 2026 in DUI

Driving under the influence is a serious offense in Maryland. Understanding the circumstances that make driving under the influence chargeable with felony-style penalties is important not only for drivers in the state but also for anyone charged with DUI.

Several factors can lead to felony-level DUI charges, including:

• Having a child passenger

• Repeat offenses

• High-BAC DUI situations

It is important to note that while Maryland technically categorizes few DUI offenses as felonies, many factors can lead to enhanced or aggravated DUI charges with felony-level punishments. These are typically described as felony DUIs. Regardless of whether you are facing misdemeanor or felony DUI charges, the Silver Springs DUI defense attorney at The Law Offices of Gerstenfield & Demirji, PC. can help you fight the charges and protect your freedoms.

What Are the Basic DUI Laws in Maryland?

According to recent data from Zero Deaths Maryland, Maryland sees thousands of alcohol-related crashes each year, resulting in nearly 800 deaths annually. Maryland Transportation Code Section 21-902 has the state's DUI and DWI laws. Under this statute, it is illegal to drive or attempt to drive while under the influence of alcohol or with a blood alcohol concentration of .08 percent or higher.

Most first-time DUI offenses are classified as misdemeanors under Maryland law, carrying penalties of up to one year in jail and a $1,000 fine. However, certain aggravating circumstances can elevate these charges to felony-level sentencing, even if Maryland law doesn’t explicitly describe them as felonies. These DUIs carry much harsher penalties and long-term consequences.

Factors that Can Lead to Felony-Level Sentencing in Maryland

DUI with a Child Passenger

One of the most significant factors that can turn a DUI into a felony in Maryland is having a child in the car. Maryland sees having a child passenger as showing a particularly reckless disregard for safety, which is why the law treats these cases so seriously. Here are a few things you should know about child passengers and Maryland DUIs: 

• Definition of child passenger: In Maryland, a child passenger is generally defined as anyone under the age of 18.

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

• Increased jail time: A first offense DUI with a minor present can result in up to two years in prison and fines up to $2,000, double the standard first offense penalties.

• Multiple minors: Having more than one child in the vehicle can lead to even more severe consequences.

Repeat DUIs

Maryland takes a tough stance on repeat DUI offenders. If a driver has previously been convicted of DUI, further offenses can 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, with penalties including up to two years in prison and fines up to $2,000.

• Third offense: Anything after a second DUI conviction will likely be considered a felony, with prison sentences of up to three years and fines reaching $3,000.

• Enhanced monitoring: Repeat offenders may be required to install ignition interlock devices on their vehicles and face mandatory alcohol education programs.

High BAC

Another scenario that can trigger felony-level charges in Maryland is an extreme DUI. This situation is treated seriously due to the heightened danger such levels of intoxication pose. Here are some important things to know about extreme DUIs: 

• The severity of the offense: A DUI with a BAC over .15 or .2 percent is not just an ordinary DUI. It indicates a very high level of impairment that is more than twice the legal limit.

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

• Non-legal implications: An extremely high BAC not only affects immediate sentencing but can also impact future employment and insurance rates.

• License consequences: Extreme DUI cases often result in longer license suspensions and mandatory participation in Maryland's Ignition Interlock Program.

Can DUI Become a Felony if Someone Gets Hurt or Dies?

The only condition that leads to a true, definitional felony DUI charge in Maryland involves causing serious injury or death while driving under the influence. Maryland Criminal Law Section 2-503 addresses vehicular homicide while intoxicated.

If a person causes the death of another while driving under the influence of alcohol, they face felony charges with imprisonment of up to five years and fines up to $5,000. Similarly, causing serious bodily injury to another person while driving under the influence can result in felony charges under Maryland law.

Call a Silver Spring, MD DUI Defense Attorney Today

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, extreme intoxication, or causing harm to others, the consequences are severe and life-changing.

If you are facing felony DUI charges in 2026, you need experienced legal representation immediately. Contact the aggressive Montgomery County, MD DUI defense lawyer with The Law Offices of Gerstenfield & Demirji, PC..

We feature: 

• 24/7 availability at 301-589-9500

• Free consultations

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