Getting your first DUI in Maryland is frightening. You are facing criminal charges, the possibility of losing your license, and consequences that can follow you for years. But a first-offense DUI is also one of the most defensible criminal charges in Maryland, and understanding the process can help you make better decisions about your case.
This guide explains what happens after a first DUI arrest in Maryland, what penalties you face, and what an experienced defense attorney can do to protect your record and your license.
What Happens After a First DUI Arrest in Maryland
After a DUI arrest, two separate legal processes begin at the same time. The first is your criminal case, which will be heard in District Court. The second is an administrative process with the Maryland Motor Vehicle Administration that determines what happens to your driver’s license.
At the time of your arrest, the officer will confiscate your license and issue a temporary paper license. You have 30 days to request a hearing with the MVA. If you do not request a hearing within that window, your license suspension takes effect automatically. This is one of the most common mistakes people make after a first DUI — missing the MVA deadline.
First DUI Penalties in Maryland
Maryland distinguishes between two impaired driving charges: DUI (driving under the influence, typically BAC of .08 or higher) and DWI (driving while impaired, typically BAC between .07 and .08 or other evidence of impairment).
For a first DUI conviction, the maximum penalties include up to one year in jail, a fine of up to $1,000, and 12 points on your driving record. For a first DWI conviction, the penalties are up to 60 days in jail and a $500 fine with 8 points. In practice, first-time offenders rarely receive the maximum sentence, but the possibility of jail time makes every DUI case serious.
Beyond the court-imposed penalties, a DUI conviction affects your insurance rates (often for five or more years), can impact professional licensing, and will appear on background checks indefinitely unless you are eligible for expungement under Maryland’s new DUI expungement law.
Probation Before Judgment: Avoiding a Conviction
One of the most important outcomes a first-time DUI defendant can pursue is Probation Before Judgment. PBJ is a disposition where the judge places you on probation without entering a formal conviction. While it does carry 5 points on your driving record and still appears on your court record, PBJ avoids the stigma and collateral consequences of a conviction.
PBJ is not automatic. The judge has discretion to grant or deny it based on the facts of your case, your BAC level, whether anyone was injured, and your criminal history. Having an attorney who can present mitigating factors and advocate effectively for PBJ can make the difference between a conviction and a second chance.
Common Defenses to a First DUI Charge
First-offense DUI cases are frequently defensible. Some of the most effective defense strategies include:
Challenging the traffic stop. An officer needs reasonable articulable suspicion to stop your vehicle. If the stop was based on a hunch, an anonymous tip without corroboration, or a minor traffic infraction that did not actually occur, the stop may be unconstitutional. A successful motion to suppress can eliminate all evidence obtained after the stop.
Questioning field sobriety tests. Standardized field sobriety tests must be administered according to specific NHTSA protocols. Officers frequently deviate from these protocols, administer tests on uneven surfaces, or fail to account for medical conditions that affect balance and coordination.
Attacking breath test results. Maryland uses the Intoximeter EC/IR II for breath testing. These machines require regular calibration and maintenance. The operator must be certified and must observe you for 20 minutes before administering the test. Deviations from any of these requirements can render the results inadmissible or unreliable.
Disputing impairment. A BAC number alone does not prove impairment at the time of driving. Rising blood alcohol defense, mouth alcohol contamination, and medical conditions can all explain elevated BAC readings without actual impairment.
The MVA Hearing Process
The MVA hearing is separate from your criminal case and focuses solely on your driving privileges. At the hearing, an administrative law judge will determine whether your license should be suspended based on the circumstances of your arrest and whether you submitted to or refused chemical testing.
If you submitted to a breath or blood test and the result was .08 or higher, the MVA can suspend your license for up to 180 days. If you refused testing, the suspension can be up to 270 days. However, you may be eligible for a restricted license that allows you to drive to work, school, and treatment programs during the suspension period. An attorney can represent you at the MVA hearing and advocate for the most favorable outcome.
What You Should Do After a First DUI Arrest
If you have been arrested for your first DUI in Maryland, take these steps immediately:
- Request your MVA hearing within 30 days. Do not miss this deadline.
- Do not discuss your case on social media or with anyone other than your attorney.
- Write down everything you remember about the stop, the arrest, and the testing process while the details are fresh.
- Contact a DUI defense attorney. The earlier you involve a lawyer, the more options are available.
Talk to a Maryland DUI Defense Lawyer
A first DUI does not have to define your future. With the right defense, many first-offense cases result in reduced charges, PBJ, or dismissal. Our attorneys at SoMD Criminal Defense handle DUI and DWI cases throughout Southern Maryland, including Charles County, Calvert County, St. Mary’s County, and Prince George’s County.
Call (240) 556-2933 or contact us online for a free consultation.
SoMD Criminal Defense handles first DUI cases across Southern Maryland, including Waldorf, La Plata, Calvert County, St. Mary’s County, and Prince George’s County. Learn about the cost of hiring a criminal defense lawyer in Maryland.
