There are two levels of trial courts in the State of Maryland. The Circuit Court and the District Court. There are two types of incarcerable crimes in the State of Maryland, felonies and misdemeanors. Felonies are the generally more serous crimes that carry significant penalties. Examples include murder, robbery and burglary. Misdemeanors are the less serious crimes in the context that they do not have as significant criminal penalties. In the context of criminal law, the Circuit Court is where most felony trials are heard. The District Court is where the misdemeanor offenses are heard.

There are no juries in District Court. A judge will decide your case. However, a defendant has the right to a trial by jury for an offense that carries a possible penalty in excess of 90 days. Accordingly, a defendant who is charged with driving under the influence of alcohol (maximum penalty 1 year) has a right to a jury trial. Conversely, a defendant who is only charged with driving while impaired (maximum penalty 2 months) is not eligible for a jury trial.

There are two ways to have a case heard in the Circuit Court. One is to “pray a jury trial” either in writing 15 days prior to the District Court date or on the date of trial. The other method is to file an appeal from the District Court verdict. 

The great majority of DUI cases are heard in the District Court. There are numerous reasons for this. They include a general satisfaction with the judges on the District Court, the additional costs associated with a jury trial, and also that if a defendant is dissatisfied with the verdict or sentence of the judge; the defendant has the right of appeal to the Circuit Court. This appeal is de novo, which means that you get a new trial. In addition, a defendant is entitled to a trial by jury in the Circuit Court appeal, even for the driving while impaired offense.