If you were just arrested for DUI in Maryland tonight, you are probably feeling scared, confused, and overwhelmed. Take a breath. Your case is not over. What you do in the next few hours and days can make a real difference in the outcome of your case, your driving privileges, and your future.
This guide walks you through exactly what to do right now, step by step. Read it carefully, follow the instructions, and contact a Maryland DUI defense attorney as soon as possible.
What Happens at the Police Station After a DUI Arrest in Maryland
If you are reading this right after your arrest, you may have just left the police station or are about to be released. Understanding what just happened — and what was supposed to happen — can be important to your defense.
After a DUI traffic stop in Maryland, officers typically follow this process:
- Booking and processing: You will be photographed, fingerprinted, and your personal information will be recorded. Your belongings will be inventoried and temporarily held.
- Breath or blood test: You were likely asked to submit to a breathalyzer test at the station. If you refused, Maryland’s implied consent law means your license may face an automatic suspension — but refusal can also limit the evidence against you.
- Release or detention: For most first-offense DUIs, you will be released on your own recognizance or after posting bail. You should have been given paperwork including a temporary license (DR-15) and a citation with your court date.
Important: If the officers made mistakes during any of these steps — failing to read implied consent advisements properly, mishandling the breathalyzer, or violating your rights — these errors can become the foundation of your defense. Write everything down while it is fresh in your memory.
1. Stay Calm — Your Case Is Not Over
Getting arrested for DUI feels like the end of the world, but it is not. An arrest is not a conviction. Many DUI cases in Maryland are reduced, dismissed, or won at trial every single year. The officers who arrested you may have made mistakes. The breath test machine may not have been properly calibrated. The field sobriety tests may have been improperly administered.
Right now, you need to stay focused and take the right steps to protect yourself. Panicking or assuming the worst will only make things harder.
2. Do NOT Post Anything on Social Media
This is critical. Do not post about your arrest on Facebook, Instagram, Twitter, TikTok, Snapchat, or anywhere else. Do not text friends or family members the details of what happened. Do not vent in group chats.
Anything you post or send electronically can be used against you in court. Prosecutors and police can and do look at social media accounts. Even a post that seems harmless — like checking in at a bar earlier that evening — can become evidence. Say nothing online. Tell no one the details except your attorney.
3. Write Down Everything You Remember RIGHT NOW
Your memory of tonight’s events will fade quickly. While everything is still fresh, grab a pen and paper (not your phone — keep this off any device that could be searched or subpoenaed) and write down every detail you can remember:
- Where were you coming from and where were you going?
- How much did you actually have to drink, and over what period of time?
- What time were you pulled over and where?
- What reason did the officer give for the stop?
- What questions did the officer ask you, and what did you say?
- Were you asked to perform field sobriety tests? Which ones? How were they explained and demonstrated?
- Did you feel the tests were conducted on a flat, well-lit surface?
- Were you asked to take a breath test? What did you blow?
- Did the officer read you any rights or advisements?
- Were there any witnesses present?
- Was there body camera or dashcam footage?
- Did the officer identify themselves? Were they in uniform?
These details are extremely important. Your DUI defense lawyer will use this information to identify weaknesses in the State’s case, including potential violations of your rights during the stop.
4. You Have 10 Days to Request an MVA Hearing — Do NOT Miss This Deadline
This is one of the most important things you need to know right now. If you took a breath test and blew 0.08 or higher, or if you refused the test, the officer likely confiscated your license and issued you a temporary paper license. You have only 10 days from the date of your arrest to request a hearing with the Maryland Motor Vehicle Administration (MVA) to challenge the suspension of your license.
If you miss this 10-day window, your license will be automatically suspended — 45 days for a test failure and 270 days for a refusal. There are no extensions and no exceptions. This deadline is separate from your criminal case and must be handled immediately.
An experienced DUI attorney can file this request for you and represent you at the MVA hearing to fight to keep your driving privileges.
5. Do NOT Talk to Anyone About Your Case Except Your Lawyer
You may want to call a friend, tell a family member every detail, or explain your side of the story to a coworker. Do not do this. Conversations with friends and family are not protected by any legal privilege. Anyone you talk to can be called as a witness and asked to repeat what you said.
The only person you should discuss the details of your case with is your defense attorney. Attorney-client privilege protects those conversations completely. Until you have a lawyer, keep the details to yourself.
6. Contact a DUI Defense Attorney Immediately — Even If It’s the Weekend
Do not wait until Monday. Do not wait until your court date. The sooner you have a DUI defense lawyer working on your case, the better your chances of a strong outcome. Evidence can disappear. The 10-day MVA deadline does not pause for weekends or holidays.
A qualified attorney will immediately get to work reviewing your case, filing the MVA hearing request, obtaining body camera and dashcam evidence, and building your defense strategy.
If this is your first DUI offense in Maryland, you may have options you do not even know about yet. Do not assume the worst before speaking with an attorney who handles these cases every day.
7. What Happens Next in Your Case
Understanding the road ahead can help reduce your anxiety. Here is a general timeline of what to expect after a DUI arrest in Maryland:
The MVA Hearing (Within 10–30 Days)
If you request your MVA hearing within the 10-day window, it will typically be scheduled within a few weeks. This is an administrative hearing — separate from the criminal case — where your attorney can argue to keep your license. You can continue driving on your temporary license until this hearing takes place.
Arraignment
Your arraignment is your first appearance in court on the criminal charges. You will receive a court date, and this is where you formally enter a plea. Having an attorney with you at arraignment is important — they can advise you on how to plead and begin negotiating with the prosecutor early.
Pre-Trial and Trial
After arraignment, your case may go through a pre-trial phase where your attorney and the prosecution exchange evidence and discuss potential resolutions. If no acceptable plea agreement is reached, your case will proceed to trial. Many DUI cases are resolved before trial, but having a lawyer who is fully prepared to take your case to trial gives you the strongest negotiating position.
8. Why the Right Lawyer Can Make a Difference
Many people assume that a DUI arrest means an automatic conviction. That is simply not true. DUI cases in Maryland have numerous potential defenses, including:
- The traffic stop was unlawful. If the officer did not have reasonable articulable suspicion to pull you over, everything that followed may be suppressed.
- Field sobriety tests were improperly administered. Officers must follow strict standardized procedures when administering FSTs. Deviations from the protocol can make the results unreliable and inadmissible.
- The breath test was inaccurate. Breathalyzer machines require regular calibration and proper operation. Maintenance records, operator certification, and testing protocols all matter.
- Your rights were violated. If you were not properly advised of your rights, or if officers failed to follow proper procedures, key evidence may be excluded.
- There is no evidence of actual impairment. A BAC number alone does not always tell the full story. The State must prove beyond a reasonable doubt that you were impaired or that your BAC was at or above the legal limit at the time you were driving.
The difference between a conviction and a dismissal often comes down to the attorney handling the case. An experienced DUI defense lawyer knows where to look for mistakes, how to challenge the evidence, and how to fight for the best possible result.
Maryland DUI Penalties: What You Could Be Facing
Understanding the potential consequences of a DUI conviction in Maryland can help you take this seriously — and motivate you to fight your charges aggressively. Here is what a first-offense DUI carries:
- DUI (BAC 0.08 or higher): Up to 1 year in jail, fines up to $1,000, 12 points on your license, and potential license revocation for up to 6 months.
- DWI (BAC 0.07 or impaired): Up to 60 days in jail, fines up to $500, and 8 points on your license.
- Refusing a breath test: Automatic 270-day license suspension for a first refusal, separate from any criminal penalties.
- Ignition interlock: Maryland may require you to install an ignition interlock device on your vehicle, even for a first offense.
These are the maximum penalties. Many first-time offenders, especially with strong legal representation, receive reduced charges or alternative sentencing like Probation Before Judgment (PBJ). A PBJ means no conviction goes on your criminal record — which is why having the right attorney matters so much.
Take Action Right Now
If you just got a DUI in Maryland, the clock is already ticking. Protect your license. Protect your record. Protect your future. Follow the steps above, and get an experienced attorney on your side immediately.
SoMD Criminal Defense is available 24/7. Call (301) 818-0389 now for a free consultation.
Frequently Asked Questions
What should I do immediately after being arrested for DUI in Maryland?
Stay calm, do not post anything on social media, and write down every detail you can remember about the stop and arrest. Do not discuss your case with anyone except a lawyer. Most importantly, contact a DUI defense attorney right away — you have only 10 days to request an MVA hearing to protect your license.
How long do I have to request an MVA hearing after a DUI arrest in Maryland?
You have exactly 10 days from the date of your arrest to request a hearing with the Maryland Motor Vehicle Administration. If you miss this deadline, your license will be automatically suspended. An attorney can file this request on your behalf immediately.
Can I beat a DUI charge in Maryland?
Yes. Many DUI cases are reduced, dismissed, or won at trial. Common defenses include challenging the legality of the traffic stop, the accuracy of breath test results, the way field sobriety tests were conducted, and whether your constitutional rights were properly respected throughout the process.
Should I talk to police or prosecutors about my DUI case without a lawyer?
No. You should not discuss the details of your case with anyone other than your defense attorney. Anything you say to police, prosecutors, friends, or family members can potentially be used against you. Attorney-client privilege is the only protection that keeps your conversations confidential.
What happens at a DUI arraignment in Maryland?
An arraignment is your first court appearance on the criminal charges. You will be formally informed of the charges and asked to enter a plea. Having an attorney present is important so you receive proper guidance on how to plead and your lawyer can begin working on your defense immediately.
Is it worth hiring a DUI lawyer for a first offense in Maryland?
Absolutely. A first-offense DUI can carry serious consequences including license suspension, fines, probation, and even jail time. An experienced attorney may be able to get the charges reduced or dismissed, protect your driving privileges, and minimize the long-term impact on your record and your life.
Related DUI Resources for Maryland Drivers
- First DUI in Maryland: What to Expect and What to Do
- Can You Get a DUI Dismissed in Charles County?
- BAC Calculator: Estimate Your Blood Alcohol Concentration
- Probation Before Judgment in Maryland
- Does a DUI Stay on Your Record Forever in Maryland?
- How Much Does a First Offense DUI Lawyer Cost in Maryland?