A DUI arrest is one of the most disorienting experiences a person can go through. One moment you are driving home; the next, you are wondering what happens next. The most important thing to understand is that your situation is not over — and what you do in the next several days matters enormously. This guide walks through what happens after a DUI arrest in Maryland and the steps you can take going forward.
You generally have 10 days from the date of the Order of Suspension you received at your arrest to request an MVA hearing. If you do not, your license can be suspended on the 46th day — even if you are never convicted of anything in court.
You Are Facing Two Separate Cases
Most people do not realize that a Maryland DUI arrest triggers two completely separate processes that run at the same time, and both must be addressed:
- The MVA administrative case — about your driver's license. It begins immediately and has urgent deadlines.
- The criminal court case — about potential fines, probation, and jail. It moves more slowly but carries serious long-term consequences.
A result in one does not automatically control the other. Many people focus on the criminal case and miss the MVA deadline entirely, which is one of the most costly mistakes a DUI defendant can make.
What Typically Happens at the Arrest
Understanding what you went through helps you know what comes next. In a typical Maryland DUI arrest:
- You were asked to perform field sobriety tests and to take a breath or blood test.
- If arrested, you were taken to the station for processing. In most cases, a person is released the same night to a sober driver.
- You received an Order of Suspension and a temporary paper license — the officer's paperwork, which serves as your temporary license for 45 days and explains how to request an MVA hearing. Keep this document; it contains your deadline.
- You received citations listing your charges and a court date.
The MVA Case — Act Within 10 Days
The paperwork you received is your Order of Suspension. To contest the suspension of your license, you must request a hearing, and two deadlines matter:
- 10 days — Request a hearing within 10 days of the Order of Suspension to ensure your privilege to drive is not suspended before your hearing.
- 30 days — You may still request a hearing within 30 days, but if you wait beyond 10 days, your license can be suspended before the hearing takes place.
If you do not request a hearing within 10 days (or elect the Ignition Interlock System Program within 30 days, if eligible), your license is scheduled to be suspended on the 46th day after the Order. The request must be made in writing, sent to the Office of Administrative Hearings, and include the required $150 filing fee or an approved waiver. The MVA does not schedule a hearing automatically — you must request it.
What the MVA Considers at the Hearing
- Whether the officer had reasonable grounds for the stop.
- Whether you were properly advised of your rights regarding the test.
- Whether you refused the test, or took it and registered 0.08 or above.
- Whether proper procedures were followed.
The hearing is held before an Administrative Law Judge and is separate from your criminal case. An attorney can challenge the evidence, cross-examine witnesses, and argue for a modification that may allow you to keep driving.
License Suspension Lengths
If you refuse the test, or take it and register 0.08 or more, your license is confiscated and you are issued the Order of Suspension. Under Transportation Article §16-205.1, the suspension periods are:
| Circumstance | 1st Offense | 2nd or Subsequent |
|---|---|---|
| Test result 0.08 to less than 0.15 | 180 days | 180 days |
| Test result 0.15 or more | 180 days | 270 days |
| Refused the test | 270 days | 2 years |
For a result of 0.08 to less than 0.15, a suspension may be modified or a restricted license issued at a hearing. If you refuse the test or register 0.15 or more, you are generally ineligible for a modification or restricted license unless you participate in the Ignition Interlock System Program. Cases involving an accident causing death carry different periods.
The Ignition Interlock Option
For many drivers, enrolling in Maryland's Ignition Interlock System Program is an alternative to serving a suspension. If you elect to install an interlock device, you may be able to keep driving while the matter is pending. Whether this option is available, and how long participation lasts, depends on your test result, whether a test was refused, and your prior record — a decision an experienced attorney can help you weigh early.
The Criminal Court Process
Separately from the MVA case, your DUI charge proceeds in court and can take several months from arrest to final disposition. Typical stages include an initial appearance to address any bail conditions, a trial date (often a "must appear" date), your attorney's review of the police reports, video, and test records, and then plea negotiations or trial. Depending on the evidence, your attorney may seek a reduced charge, a Probation Before Judgment, or take the case to trial.
DUI and DWI Penalties in Maryland
Under Transportation Article §21-902, the criminal penalties for a conviction include:
| Offense | Max Jail | Max Fine | Points |
|---|---|---|---|
| DUI — 1st offense (§21-902(a)) | 1 year | $1,200 | 12 |
| DUI — 2nd offense | 2 years | $2,400 | 12 |
| DWI — 1st offense (§21-902(b)) | 2 months | $500 | 8 |
| DWI — 2nd offense | 1 year | $500 | 8 |
Additional rules can apply: a second DUI within 5 years carries a mandatory minimum of 5 days (10 days for a third or subsequent), transporting a minor increases the maximums, and a person with two prior convictions faces up to 5 years and $5,000 (§21-902(h)), or with three or more, up to 10 years and $10,000 (§21-902(i)). If a person is convicted and found to have knowingly refused a test, an additional penalty of up to 2 months or $500 may apply.
What Is Probation Before Judgment (PBJ)?
A Probation Before Judgment is a Maryland outcome that may be available in some DUI cases. If granted, the court does not enter a conviction; instead, the person is placed on probation, and successful completion means no conviction is entered — though the arrest record still exists, and a PBJ is not the same as a dismissal. Because a PBJ is not a conviction, points are not assessed for it. A PBJ is not guaranteed and is not available in every case, and Maryland law limits it further: a court generally cannot grant a DUI PBJ if the person was convicted of, or received a PBJ for, a §21-902 offense within the preceding 10 years. Whether a PBJ is realistic in a given case is something to review with an attorney.
What to Do Now
- Keep your paperwork — especially the Order of Suspension, which contains your deadline.
- Note the 10-day deadline for requesting an MVA hearing.
- Write down what you remember while it is fresh, and do not post about your case on social media.
- Do not discuss the case with anyone other than an attorney.
- Consult a lawyer promptly — the MVA window is short and both cases move on their own timelines.
Serving Maryland, Including the Baltimore Region
The Cohen Law Firm represents people charged with DUI and DWI across Maryland. If you are near one of these jurisdictions, you can learn more on our local pages: Baltimore City, Baltimore County, Howard County, Harford County, Anne Arundel County, Carroll County, Frederick County, and Prince George's County.
Talk to a Maryland DUI Attorney
If you have been arrested for a DUI or DWI in Maryland, understanding your options quickly can make a difference — especially given the 10-day MVA deadline. Attorney Adam Sean Cohen has represented Marylanders in DUI and criminal defense matters for over 30 years.
Free Confidential ConsultationThis article is general information about Maryland law as of the date of publication and is not legal advice. Every case is different. For guidance about your situation, consult an attorney.