What is the difference between a misdemeanor and a felony DWI charge?

The difference between a misdemeanor and a felony charge for Driving While Impaired (DWI) in Maryland is largely determined by the severity of the offense. Generally speaking, misdemeanor charges are less serious than a felony charge. Misdemeanor DWI charges are associated with less severe offenses and are often classified as a first offense or second offense, depending on the defendant’s prior DWI convictions. A first offense DWI is usually classified as a misdemeanor as long as the defendant’s blood alcohol concentration (BAC) is below 0.15. A second offense DWI is also usually classified as a misdemeanor as long as the defendant’s BAC is below 0.15, and their previous conviction was within the last 5 years. These misdemeanors are punishable by a jail sentence of up to two years and a fine of up to $2,000. Felony DWI charges are associated with more serious offenses. For example, if a defendant’s BAC is 0.15 or higher, then they will be charged with a felony. Additionally, if the defendant has three or more prior DWI convictions in the last five years, then they could be charged with a felony. A felony DWI is punishable by a prison sentence of up to five years and fines of up to $5,000. The difference between a misdemeanor or a felony DWI charge is largely determined by the severity of the offense, which is based upon the defendant’s previous DWI convictions and the results of the breathalyzer test. Knowing the difference between the two charges can help defendants determine how their case could be treated in court.

What is the difference between a misdemeanor and a felony DWI charge?

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