Baltimore Felony DUI Lawyer

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Last Updated on October 14, 2026

 

If you have been charged with DUI following a fatal crash in Baltimore or elsewhere in Maryland, you may face far more than an ordinary drunk-driving prosecution.

Depending on the circumstances, the State may file a separate felony charge for homicide by motor vehicle or another serious criminal offense.

Greenberg Law Offices represents people charged with DUI, vehicular homicide and other serious traffic-related crimes.

 

Contact us for a free consultation about the charges, the evidence and the defenses that may be available.

 

Is DUI a Felony in Maryland?

Ordinarily, no. DUI and DWI offenses under Maryland Transportation Article § 21-902 are generally misdemeanors. Prior DUI convictions and transporting a minor can substantially increase the possible penalties, but those circumstances do not automatically make the DUI itself a felony.

The phrase “felony DUI” is commonly used to describe cases in which alleged impaired driving results in a separate felony charge.

If a death occurs, Maryland prosecutors may consider charges including:

  • Homicide by motor vehicle while under the influence of alcohol: A felony carrying up to five years of imprisonment and a fine of up to $5,000 for a first offense.
  • Homicide by motor vehicle while impaired by alcohol: A felony carrying up to three years of imprisonment and a fine of up to $5,000 for a first offense.
  • Homicide by motor vehicle while impaired by drugs or a controlled dangerous substance: A felony carrying up to five years of imprisonment and a fine of up to $5,000 for a first offense.
  • Manslaughter by vehicle: A more serious felony charge that may be filed when the State alleges that grossly negligent driving caused another person’s death.

Prior qualifying convictions can increase these maximum penalties. The charges and potential sentence will depend on the allegations, the evidence and the defendant’s record.

 

Repeat DUI and DUI With a Minor Passenger

A repeat DUI remains a misdemeanor under Maryland law, but the potential punishment increases substantially.

Certain third or subsequent offenses can carry maximum sentences of five or even ten years, despite their misdemeanor classification.

Driving under the influence while transporting a minor also carries enhanced penalties. For example, a first DUI offense involving a minor passenger can carry up to two years of imprisonment and a fine of up to $2,000.

It does not automatically become a felony solely because a minor was in the vehicle.

 

Possible Consequences of a DUI-Related Felony Charge

Depending on the charges and the outcome, the consequences may include:

  • Incarceration and substantial fines
  • Suspension or revocation of driving privileges
  • Ignition-interlock requirements
  • Probation and alcohol or substance-abuse treatment
  • Restitution when authorized by law
  • Increased insurance costs
  • Employment or professional-licensing consequences
  • Immigration consequences for some noncitizens

The criminal prosecution and the MVA license proceeding are separate. A failed chemical test or refusal can trigger administrative sanctions even before the criminal case has been resolved.

Because the deadlines for requesting an MVA hearing or selecting an interlock option can be short, it is important to obtain legal advice promptly.

 

What Happens After an Arrest?

The process varies according to how the case began and the charges being considered. Police may request a breath test or, in appropriate circumstances, obtain a blood sample.

In a fatal collision, investigators may also obtain medical records, vehicle data, surveillance video, witness statements, and crash-reconstruction evidence.

A felony case may proceed through an initial appearance, a preliminary hearing or grand-jury indictment, and an arraignment in the Circuit Court. After charges are filed, the defense can obtain discovery, investigate the collision, consult appropriate experts and file motions challenging evidence obtained unlawfully or unreliably.

 

Defending DUI-Related Felony Charges

A fatal accident does not automatically establish criminal liability. The State must prove every element of the particular offense beyond a reasonable doubt.

Depending on the evidence, potential defense issues may include:

  • Whether alcohol or drugs actually impaired the driver
  • The accuracy and admissibility of breath or blood testing
  • Whether required testing procedures were followed
  • The handling and chain of custody of blood samples
  • Whether the defendant’s driving legally caused the death
  • Whether the evidence establishes ordinary or gross negligence
  • The accuracy of the police crash reconstruction
  • Mechanical failures, roadway conditions or the actions of another driver
  • The legality of the stop, detention, search or questioning
  • Whether the prosecution has sufficient admissible evidence to prove each charge

These cases frequently require a careful review of medical evidence, toxicology, vehicle data, video recordings and accident-reconstruction opinions.

 

Why Choose Greenberg Law Offices?

Greenberg Law Offices have decades of experience representing people charged with serious criminal and traffic offenses in Baltimore and throughout Maryland.

We examine the State’s evidence, explain the available options and prepare each case based on its particular facts.

Our attorneys are experienced in the courtroom and understand that a serious criminal charge can affect every part of a client’s life. We remain accessible to our clients and keep them informed throughout the case.

As one of our clients said of their experience working with our law firm:

“My experience with the Greenberg Law Offices has been phenomenal. These lawyers are dedicated to their work. There is NO better team for the job. I am more than satisfied with the effort they put in. Every step of the way, they communicated with me about what was going on with my case. Larry, Matt, and Ethan make a wonderful team, and after seeing them in real time inside of a courtroom representing me, I can truly say these guys are passionate and serious about what they do. It’s been a pleasure.”