Key Takeaways
- An MVA hearing is separate from the criminal case.
- A first DUI conviction can carry significant penalties, including fines, jail time, license consequences, and points on your driving record.
- Repeat DUI offenses can result in additional consequences, including increased penalties, ignition interlock requirements, treatment or education requirements, and insurance impacts.
- Maryland’s implied-consent law has separate consequences for chemical-test refusals.
- What happens after a Maryland DUI arrest depends heavily on the specific facts of the case, so understanding both the criminal and MVA processes is important.
If you’ve been arrested for a DUI in Maryland, you’re likely wondering what happens next and what consequences you could face. Will you lose your license? Will you have to go to court? Could you face jail time? The answer depends on several factors, including your alleged offense, Blood Alcohol Content (BAC), prior DUI history, whether you refused the field sobriety or a chemical test, and whether anyone was injured.
If you’ve been charged with a DUI or a DWI, hiring the only Maryland board-certified DUI defense attorney means you have someone on your side with advanced, specialized knowledge of field sobriety and chemical tests and trial strategy. Contact our Maryland criminal defense firm for a free consultation 24/7 by calling us at (301) 720-1309 or filling out our online form.
What Happens After a DUI Arrest in Maryland?
After a DUI arrest in Maryland, you could face a criminal case in court and a separate administrative hearing about your driver’s license through the Maryland Motor Vehicle Administration (MVA).
You May See a District Court Commissioner
After an arrest, you may have to go before a district court commissioner who will advise you of the charges and your rights, and determine the conditions of your pretrial release, including whether bail is required.
Your Driver’s License Could Be Suspended Or Revoked Immediately
If you refused a required alcohol or drug test or the test showed an alcohol concentration of 0.08 or higher, the officer may confiscate your Maryland driver’s license and issue an Order of Suspension.
You Could Have an MVA Hearing
The MVA may suspend or revoke your driving privileges based on the circumstances of the stop and chemical test results. You may also have the option to request an administrative hearing with the Office of Administrative Hearings (OAH), and we highly recommend all of our clients request a hearing with the MVA unless opposed to doing so. There are strict deadlines for doing this, so it’s important to carefully review the notice you receive.
You’ll Have a Separate Criminal Case
If you’re arrested for DUI, you must appear in court. A DUI charge doesn’t mean you’ll be convicted, which is why it’s important to hire the only board-certified DUI defense attorney in Maryland at Alpert Schreyer, LLC to aggressively defend the charges against you.
What Are Penalties For a First DUI Offense in Maryland?
A first-time DUI conviction in Maryland can carry:
- Fines up to $1,000
- Up to one year in jail
- License revocation for up to 6 months
- 12 points on your driving record
Second & Subsequent DUIs in Maryland
For repeat DUI offenses in Maryland, you could face the following charges.
- Fines
- Possible jail time
- License suspension or revocation
- Participation in the Ignition Interlock Program
- Increased auto insurance premiums
- Alcohol education or treatment requirements
- A permanent criminal record, if convicted
How Long Does a DUI Stay on a Driving Record?
A DUI conviction in Maryland carries 12 points on your driving record, and a DWI conviction carries 8 points. A DUI conviction could lead to license revocation, and a DWI conviction may result in a license suspension. The specific consequences vary based on the circumstances of the offense and the driver’s record.
Can You Still Drive After a DUI Arrest?
Maryland’s administrative license process is separate from the criminal court case, so depending on your circumstances, you may be able to challenge an administrative suspension or qualify for an ignition interlock option. Don’t assume that having a pending court case automatically means you can continue driving. It’s important to get clarification about this from your lawyer.
What is Maryland’s Implied Consent Law?
Maryland’s implied-consent law means that drivers who are detained on suspicion of impaired driving are deemed to have consented to chemical testing. Refusing a chemical test can result in separate license penalties, even if you’re not convicted of DUI. A first refusal can lead to a 270-day license suspension, and a second refusal can carry a two-year suspension. Refusal can also be used against you in court.
Why Hiring Maryland’s Only Board-Certified DUI Defense Attorney Makes All the Difference in Your Case
Not only does Alpert Schreyer, LLC have the only board-certified DUI defense attorney in Maryland, but we also have a forensic lawyer-scientist. This means we bring a unique combination of legal knowledge and scientific expertise to aggressively defend your DUI case because we know how to analyze breathalyzer results, blood tests, field sobriety testing, and other forensic evidence to determine whether proper procedures were followed.
If you’ve been arrested for suspected DUI or DWI, our Maryland criminal defense attorneys are available to help you 24/7. Contact us at (301) 720-1309 or fill out our online form for a free case consultation.
We have offices in Waldorf, Rockville, Lanham, and Frederick, and proudly serve clients in Prince George’s County, Calvert County, Frederick County, St. Mary’s County, Montgomery County, Charles County, all of Maryland, and the District of Columbia.
FAQs
Why should you hire a board-certified Maryland DUI defense lawyer?
DUI cases involve complex legal and scientific evidence, including breath and blood testing, and field sobriety tests. A board-certified DUI defense lawyer has demonstrated specialized knowledge and experience in these areas and can identify potential weaknesses in the prosecution’s case. Contact Andrew D. Alpert, Maryland’s first and only board-certified DUI defense lawyer, for a free consultation.
How likely is jail time for your first DUI in Maryland?
A first DUI conviction in Maryland can result in jail time, but the consequences depend on factors like BAC, whether an accident or injuries occurred, and the specific facts of the case.
Is a DUI a felony in Maryland?
Most DUI charges in Maryland are misdemeanors, not felonies. A DUI can become a felony if the incident involves serious injuries, fatalities, or other circumstances that lead to additional criminal charges.
What is a chemical test for a DUI?
A chemical test is a breath or blood test used to determine whether a driver has alcohol or drugs in their system. Chemical tests provide scientific evidence that law enforcement may use to evaluate whether a driver was impaired or exceeded Maryland's legal BAC limit.
Can you be charged with a DUI without being tested?
Yes, you can be charged with a DUI in Maryland even if you weren’t given a breath or blood test. Chemical test results aren’t required for a prosecutor to file charges. Without a breath or blood test, the state may rely on other evidence such as the officer’s observations, field sobriety test results, witness statements, and video footage.