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The DUI Arrest Process in Maryland: What Comes Next
A DUI arrest in Maryland sets off a structured legal and administrative process that can unfold over weeks or even months. From the moment of arrest, the individual enters a system that includes police procedures, license actions, hearings, and possible court appearances. Understanding what happens after a DUI arrest can help drivers know what to expect and how the system works.
Maryland law treats impaired driving seriously. Even a first-time arrest can result in immediate consequences, including license suspension and mandatory program participation. The process begins at the scene of the arrest, where officers gather evidence and conduct chemical tests. From there, the case transitions to booking, formal charges, and follow-up actions by the Maryland Motor Vehicle Administration (MVA) and possibly the court system.
It’s important to note that DUI cases in Maryland follow two parallel tracks: an administrative track managed by the MVA and a criminal track handled by the courts. These processes are separate but often overlap in terms of timing and penalties. A person can face administrative penalties even if they are not convicted in court, and vice versa.
This post outlines the key stages that follow a DUI arrest in Maryland, including what happens immediately, how charges are filed, and what consequences can result—both short-term and long-term.
Immediate Actions at the Time of the DUI Arrest
When a person is arrested for DUI in Maryland, several steps take place right away. After field sobriety tests and/or chemical testing, the officer will typically place the individual under arrest and transport them to a police station for formal booking. This includes fingerprinting, mugshots, and a review of the arrest report.
If the driver’s BAC is 0.08% or higher, or if they refused to submit to testing, the officer is authorized to confiscate the driver’s license on the spot. In this case, the driver receives a temporary paper license valid for 45 days.
At this point, the arresting officer issues several documents:
- An Order of Suspension
- A Notice of Administrative Hearing Rights
- A copy of the charging documents, if criminal charges are being filed
These documents are important. They explain the driver’s rights, the nature of the charges, and how to request a hearing to challenge the license suspension. In Maryland, the clock starts ticking right away—drivers have 10 days to request an MVA hearing if they want to prevent an automatic license suspension from taking effect.
This early phase can feel overwhelming, but it marks the official beginning of both the administrative and potential criminal pathways of the case.
License Suspension and MVA Proceedings
One of the first consequences of a DUI arrest in Maryland is action taken by the Maryland Motor Vehicle Administration (MVA). The MVA operates independently from the criminal court system and can impose penalties based solely on the arrest and BAC level or refusal to test.
If the driver submitted to a breath test and had a BAC of 0.08% or higher, the MVA can impose the following license suspensions:
- 180 days for a first offense
- 270 days for a second or subsequent offense
If the driver refused to take the test, the penalties are steeper:
- 270 days for a first refusal
- 2 years for a second refusal
Drivers have the option to request an administrative hearing to contest the suspension. This hearing is held before an administrative law judge and focuses only on issues related to the test, the arrest process, and the submitted documents—not the criminal charge.
In many cases, drivers may also apply for a restricted license or participate in the Ignition Interlock Program, which allows them to drive with conditions. These programs are part of Maryland’s effort to balance public safety with the need for mobility, especially for work or family obligations.
Filing of Criminal Charges and Court Process
In addition to administrative penalties, most DUI arrests in Maryland result in criminal charges. These are typically filed within days of the arrest, either through a citation issued by the officer or through formal charges submitted to the court.
The charges may include:
- Driving Under the Influence (DUI) – For BAC levels of 0.08% or higher
- Driving While Impaired (DWI) – For lower BAC levels or non-alcohol impairment
- Additional violations, such as reckless driving or open container infractions
Once charges are filed, the court sets a hearing date. The individual may be required to appear at an initial appearance or arraignment, depending on the nature of the charges. At that time, they receive formal notice of the charges and may enter a plea.
The next steps may include:
- Pre-trial conferences
- Discovery, where both sides review evidence
- Motions hearings
- Trial or plea negotiations
Not all DUI cases go to trial. In many instances, the court process results in a plea agreement or participation in diversion programs. However, the process can still take weeks or months to resolve, and each phase brings its own requirements and deadlines.
Potential Criminal Penalties Following Conviction
If a person is convicted of DUI or DWI in Maryland, the court may impose a range of penalties. These vary depending on whether the case involves a first-time offense or prior convictions, as well as any aggravating factors such as high BAC or involvement in a crash.
For a first DUI offense, penalties may include:
- Up to 1 year in jail
- Up to $1,000 in fines
- 12-point license violation and revocation
- Mandatory participation in alcohol education or treatment programs
For a first DWI offense, penalties may be slightly less severe:
- Up to 60 days in jail
- Up to $500 in fines
- 8-point license violation
Repeat offenses increase the potential penalties significantly, and may include longer jail terms, higher fines, and longer license suspensions or revocations. Judges may also impose probation conditions, such as abstaining from alcohol or submitting to random testing.
Maryland’s court system emphasizes both punishment and rehabilitation. Penalties are structured to deter future offenses while also offering programs designed to change behavior.
Alcohol Education and Treatment Requirements
After a DUI arrest or conviction in Maryland, participation in an alcohol education or treatment program is often required—either as a condition of sentencing or license reinstatement. These programs are designed to educate drivers about the dangers of impaired driving and help address any patterns of alcohol misuse.
The most common programs include:
- Alcohol Education Program (AEP) – A short course for first-time offenders
- Substance Abuse Treatment – For individuals with more serious concerns or multiple offenses
- Ignition Interlock Program – A system that prevents vehicle operation without a clean breath test
The MVA or the court may mandate these programs based on BAC level, prior history, or behavior during the arrest. Completion is typically required before a suspended license is reinstated or before full driving privileges are restored.
These requirements reflect Maryland’s broader focus on prevention and public safety. The goal is not only to punish but also to reduce the likelihood of future DUI incidents.
Long-Term Consequences After a DUI Arrest
Beyond immediate penalties, a DUI arrest in Maryland can have lasting effects. Even if charges are reduced or dismissed, the record of the arrest may remain visible to certain parties. Over time, this can influence employment opportunities, insurance rates, and access to certain licenses or programs.
Key long-term impacts include:
- Increased car insurance premiums – Often lasting for 3–5 years
- Permanent driving record entry – Including points and MVA actions
- Employment limitations – Especially for jobs requiring clean driving or criminal records
- Impact on background checks – For housing, loans, or professional licenses
Maryland does offer options for expungement in certain cases, but DUI convictions are typically not eligible. Arrest records, however, may sometimes be sealed or cleared if no conviction results and if specific conditions are met.
Understanding these potential outcomes is essential. A DUI arrest is not just a short-term issue—it can shape personal, financial, and professional life long after the legal case is closed.
FAQ: What to Know After a DUI Arrest in Maryland
How soon will I lose my license after a DUI arrest?
If your BAC is 0.08% or higher, or you refused testing, your license may be confiscated immediately. You’ll receive a temporary license valid for 45 days. Suspension begins after that unless you request a hearing.
Can I challenge the license suspension?
Yes. You have 10 days from the date of the arrest to request an MVA hearing. This is your chance to contest the suspension before it takes effect.
Will I have to go to court?
If criminal charges are filed, you will likely need to appear in court. The process can include arraignment, pre-trial conferences, and possibly a trial or plea deal.
What penalties come with a first DUI conviction in Maryland?
Up to one year in jail, a $1,000 fine, license revocation, and mandatory alcohol education or treatment.
Do I have to attend an alcohol program even if I’m not convicted?
Possibly. The MVA can require completion of an Alcohol Education Program even without a court conviction, depending on your BAC or refusal status.
How does the Ignition Interlock Program work?
It requires drivers to install a device that tests BAC before the vehicle will start. It’s often used to allow limited driving after suspension.
Can a DUI arrest be expunged in Maryland?
DUI convictions typically cannot be expunged. In some cases, if charges are dropped or you are found not guilty, the arrest record may be eligible for expungement.
Conclusion
The process following a DUI arrest in Maryland involves immediate police action, license suspension by the MVA, and potentially criminal charges that proceed through the courts. Administrative and legal consequences can be significant, even for first-time offenders, and may impact driving privileges, insurance, and more.
For a full explanation of the DUI process and legal framework, explore How DUI Laws Work. To understand how charges are formally brought and handled, visit How DUI Charges Are Filed and Prosecuted.