When certain pieces of evidence exist in a case, Maryland law permits an enhanced penalty. Examples of the more common occurrences can be found below.

• The suspect was driving 20 MPH above the posted speed limit
• A minor under the age of 14 was present in the vehicle
• Personal injury or property damage occurred
• Refusal of chemical testing
• Blood-alcohol concentration was over .20%
• The suspect is under 21 years old.

The DUI can be elevated to a felony if there was personal injury to another caused by the suspect. If a death occurs, the charge could be elevated to manslaughter or even murder, when special circumstances exist.