When you are arrested for a Driving Under the Influence (DUI) the first time, questions about the legal process and how it can affect your life may fill your mind. This article tackles those questions and offers answers that might help you during a difficult situation.
What to expect after the arrest
Maryland enforces two distinct categories of alcohol-related traffic offenses: DUI applies to drivers who register a Blood Alcohol Concentration (BAC) of 0.08% or higher, and Driving While Impaired (DWI) applies to those who register a BAC between 0.07% and 0.08% or show signs of impairment at even lower levels.
After the arrest, you will receive an Advice of Rights form detailing the consequences of accepting or refusing a chemical BAC test. Conducted at the station, this official test is distinct from the preliminary roadside breath test. Refusing it will not prevent your arrest and will result in a 270-day license suspension for a first offense, whereas a failed test of 0.08% or higher carries a 180-day suspension.
Regardless of which option you choose, the officer will confiscate your license (Maryland licenses only) immediately and issue a temporary 45-day paper permit. To prevent an automatic suspension when that permit expires, you must request a hearing with the Maryland Motor Vehicle Administration (MVA) within 10 days. These administrative sanctions operate independently of your criminal court proceedings.
What penalties you could face
Criminal penalties for a first-time conviction can include:
- Fines up to $1,200 for DUI or $500 for DWI
- Jail time of up to one year for DUI or two months for DWI
- Court costs and other administrative fees
- Mandatory alcohol education or treatment programs
As of October 2024, Maryland now requires ignition interlock participation for all alcohol-related DUI and DWI offenders, including those granted Probation Before Judgment (PBJ). This program requires you to install a breathalyzer in your vehicle typically for six months on a first offense.
What legal options might be available
First-time offenders might be eligible for PBJ, a disposition that allows you to avoid a formal conviction by completing probation terms set by the court. If granted, you plead guilty or are found guilty, but the judge defers judgment. This prevents the record from showing a conviction, provided you successfully complete all probation requirements.
This option, however, has limits. The court generally disqualifies you from receiving a PBJ if you were convicted of, or received a PBJ for, an impaired driving offense within the previous 10 years. Additionally, the judge maintains full discretion to deny PBJ based on the specific circumstances.
Why legal counsel matters
You do not have to move through the legal process alone. An attorney familiar with Maryland’s DUI laws can evaluate various aspects of your case and examine whether the officer had reasonable suspicion to initiate the traffic stop. An unlawful stop could result in the suppression of evidence, potentially leading to a dismissal.
Legal counsel can also appear on your behalf at the MVA administrative hearing. A favorable outcome at this hearing may allow you to keep your driving privileges while the court case is pending.
Beyond evidence review, your legal representative can engage in negotiations with prosecutors to seek reduced charges, lighter penalties, or more favorable probation terms.