Is a DUI a felony in Maryland?
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Counting never makes it one in Maryland. The driving-under-the-influence section grades every conviction as a misdemeanor, and the repeat provisions add mandatory days rather than a felony class: five days minimum on a second within five years, ten on a third. Transporting a minor raises the ceiling to two years on a first. Felony exposure in Maryland comes from separate homicide and life-threatening injury offenses, not from the number of DUI convictions.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in MD — and the paperwork will use none of them. Maryland charges it under a section number, and that is what decides the range below.
Grade. Misdemeanor, however many times
Confinement. Up to 1 year on a first, up to 2 on a second
Fine. Up to $1,200 on a first, up to $2,400 on a second
Maryland Code, Transportation § 21-902 · Md. Code, Transp. § 21-902(a), (f) · checked 2026-09-04
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A prior conviction within five years | Mandatory days, not a higher class | Five days minimum on a second conviction and ten on a third — and the statute counts confinement broadly, including an inpatient treatment center or home detention with electronic monitoring for an approved alcohol treatment program. Maryland Code, Transportation § 21-902 · Md. Code, Transp. § 21-902(f) · checked 2026-09-04 |
The device is a separate track
Maryland runs one of the oldest interlock programs in the country, and it is built as an alternative to losing your license rather than an addition to it. You get a "J" restriction and report to your provider every 30 days; they send the MVA a report covering high readings, missed or failed retests, tampering and how often the car was used.
In Maryland the interlock term runs Set on referral and is administered by Maryland Motor Vehicle Administration — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Maryland DUI questions
Is a DUI a felony in Maryland?
Counting never makes it one in Maryland. The driving-under-the-influence section grades every conviction as a misdemeanor, and the repeat provisions add mandatory days rather than a felony class: five days minimum on a second within five years, ten on a third. Transporting a minor raises the ceiling to two years on a first. Felony exposure in Maryland comes from separate homicide and life-threatening injury offenses, not from the number of DUI convictions. A prior conviction within five years: mandatory days, not a higher class.
What does a 3rd DUI in Maryland carry?
Misdemeanor, however many times: up to 1 year on a first, up to 2 on a second, and a fine of up to $1,200 on a first, up to $2,400 on a second. The range is set by Md. Code, Transp. § 21-902(a), (f), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Maryland?
A prior conviction within five years — mandatory days, not a higher class.
Does an interlock come with it in Maryland?
Maryland runs one of the oldest interlock programs in the country, and it is built as an alternative to losing your license rather than an addition to it. You get a "J" restriction and report to your provider every 30 days; they send the MVA a report covering high readings, missed or failed retests, tampering and how often the car was used. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Maryland Motor Vehicle Administration.
Other steps in Maryland: second offense penalties and first offense penalties.
All Maryland DUI rules →Penalties across the states →Maryland DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.