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 27-101classifies 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.