Published on 6/8/2026, 12:00:00 AM
Is a DUI a Felony or Misdemeanor in Maryland?
In Maryland, a DUI is almost always a misdemeanor, not a felony. There is no standalone felony DUI here, even for a second, third, or fourth offense. A drunk or drugged driving charge only crosses into felony territory when someone is killed or left with a life-threatening injury, and the State charges that under separate vehicular homicide statutes.
That surprises a lot of people. In plenty of other states, a third or fourth DUI is automatically a felony. Maryland does not work that way. The driving-under-the-influence statute itself, Md. Transp. 21-902, is a misdemeanor no matter how many priors you have. The number of offenses raises the penalties, not the grade of the crime.
When a DUI is a misdemeanor (almost always)
Maryland packs its impaired driving offenses into one statute, Section 21-902 of the Transportation Article. Both of the main charges under it are misdemeanors:
- Driving under the influence (DUI), Section 21-902(a). This is the more serious of the two. It covers driving while “under the influence” of alcohol, and driving with a blood alcohol concentration of 0.08 or more (the “per se” version). For the difference between these, see our breakdown of DUI vs DWI.
- Driving while impaired (DWI), Section 21-902(b). A lower threshold than DUI, for drivers whose normal coordination is impaired by alcohol but who fall short of the “under the influence” standard.
Both are tried in the District Court as misdemeanors. A first-offense DUI carries up to one year in jail and a fine of up to $1,000. A second offense raises the ceiling to two years and a $2,000 fine. DWI carries lighter maximums. Drugged driving under the same statute is also a misdemeanor. None of that changes the classification, it stays a misdemeanor.
Here is the part that trips people up. A second DUI is still a misdemeanor. A third or subsequent DUI is still a misdemeanor. Even a fourth DUI is a misdemeanor. The repeat charges bring harsher penalties, mandatory minimums, and longer license consequences, but Maryland never converts a clean repeat DUI into a felony on the repeat alone.
When a Maryland DUI becomes a felony
A DUI turns into a felony in one situation: someone gets hurt or killed. When impaired driving causes a death or a life-threatening injury, the case stops being a traffic case and becomes a homicide or serious-injury case in Circuit Court. The exposure jumps from the one-year DUI ceiling into multi-year felony territory. We cover this in depth on our DUI manslaughter page, but here is the short version of the felony statutes:
- Homicide by motor vehicle while under the influence (CR Section 2-503). Causing a death while driving under the influence or with a per-se BAC. A felony carrying up to five years, rising to ten years on a repeat.
- Homicide by motor vehicle while impaired (CR Section 2-504). The lower-impairment version. A felony carrying up to three years, rising to five on a repeat.
- Manslaughter by vehicle, grossly negligent (CR Section 2-209). Causing a death through grossly negligent driving. A felony carrying up to ten years, rising to fifteen on a repeat.
- Life-threatening injury by motor vehicle while DUI (CR Section 3-211). When the victim survives but suffers a life-threatening injury. Maximum sentences run from two to five years depending on the level of impairment and any prior record.
The same framework applies when the impairment comes from drugs or controlled substances rather than alcohol, which you can read more about on our drugged driving page. The common thread is harm. No death, no life-threatening injury, no felony, just a misdemeanor DUI, however serious the State treats it.
Misdemeanor does not mean minor
Do not let the word “misdemeanor” lull you. A misdemeanor DUI conviction in Maryland still means a possible jail sentence, points on your license, a license suspension, mandatory alcohol education, and often an ignition interlock requirement. A high-BAC reading or a child in the car raises the stakes further. The conviction follows you on background checks, and for many jobs and professional licenses a misdemeanor DUI is enough to cause real damage.
The misdemeanor-versus-felony question matters most for the people who are scared they are facing prison and a permanent felony record. For a standard first or repeat DUI with no crash, that is not what you are looking at. If you want the broader picture of how the grades work, see our guide on felony vs misdemeanor in Maryland.
If you are charged in Prince George’s County, our PG County DUI page walks through how those cases move through Upper Marlboro, and our team of Maryland criminal defense lawyers handles both misdemeanor DUIs and the felony homicide cases that come out of fatal crashes.
FAQs
Q: Will a DUI show up on my record?
A: Yes. A Maryland DUI conviction shows up on your driving record and on a criminal background check, even though it is a misdemeanor. It is visible to employers, licensing boards, and insurers. The only way to keep it off your record is to avoid the conviction, through a dismissal, an acquittal, or in some cases a probation before judgment.
Q: Can a felony DUI be expunged in Maryland?
A: It depends on the outcome. A misdemeanor DUI conviction has limited expungement options in Maryland, which we explain on our DUI expungement page. Felony vehicular homicide convictions are far harder to clear. The cleanest path to expungement is a case that ends in dismissal, acquittal, or nolle prosequi rather than a conviction. Our expungement overview covers what qualifies.
Q: Is a third DUI a felony in Maryland?
A: No. A third DUI is still a misdemeanor under Section 21-902. It carries steeper penalties and possible mandatory jail time as a subsequent offense, but Maryland does not upgrade it to a felony based on the prior count alone.
Q: Does a DUI with an accident become a felony?
A: Not by itself. An accident with property damage or minor injuries is still a misdemeanor DUI. It only becomes a felony if the crash causes a death or a life-threatening injury, which moves the case into the vehicular homicide and serious-injury statutes described above.
Charged with a DUI in Maryland and worried about whether it is a felony? Contact FrizWoods for a free consultation. We defend DUI cases in Prince George’s County, Anne Arundel County, and across Maryland.
