Is DUI in Maryland a Felony or Misdemeanor?
Is DUI in Maryland a felony or misdemeanor? In the State of Maryland, a DUI is a misdemeanor. DUI stands for “driving under the influence of alcohol.”
Maryland Transportation Article 27-101 classifies a DUI as a misdemeanor. Maryland Transportation Article 27-101(a), which contains the penalty for DUI, states, “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.”
The Maryland DUI laws are found at Maryland Transportation Article 21-902. The Maryland drunk driving laws do not declare the crime of DUI to be a felony, therefore a DUI in Maryland is a misdemeanor. In addition, a DUI is not punishable by a civil penalty under any provision of the Maryland Vehicle laws.
DUI is the acronym for “driving under the influence” while DWI is an acronym for “driving while impaired.” The Maryland drunk driving laws criminalize the act of driving or attempting to operate a motor vehicle while under the influence of alcohol. A driver suspected of drunk driving in Maryland may be charged with:
- Driving under the influence of alcohol; or
- Driving under the influence of alcohol per se.
DRIVING UNDER THE INFLUENCE OF ALCOHOL
Driving under the influence of alcohol charges will be pursued by the State when there is sufficient evidence that a driver was under the influence of alcohol that constituted a Blood Alcohol Content of .08 or more. A driver may be charged with DUI even if they do not submit to a breath or blood test. If there is evidence of impairment of .08 or more, based on clues, then a driver can be charged and convicted of DUI.
DRIVING UNDER THE INFLUENCE PER SE
In Maryland, the legal limit if .08. That means that a driver who’s BAC is .08 or more, based on test results, is “per se” under the influence. If a driver returns test results of .08 or more, then the charge of DUI will be filed against the driver.
IS DUI IN MARYLAND A FELONY OR MISDEMEANOR?
A DUI in Maryland is classified as a misdemeanor.
IS DWI IN MARYLAND A FELONY OR MISDEMEANOR?
A DWI in Maryland is classified as a misdemeanor.
DUI LAWYERS IN MARYLAND
Maryland drunk driving defense lawyer Randolph Rice has represented thousands of individuals charged with drunk driving in Maryland. He is a former prosecutor and has been defending individuals charged with DUI since 2009.