If you were arrested for DUI in Maryland and received an Order of Suspension, you may have only 10 days
to request an MVA administrative hearing and preserve your temporary driving privilege while the case is pending. Missing that 10-day deadline can allow the MVA suspension to take effect on the 46th day after the order—separate from, and regardless of, what later happens in your criminal case. The deadline is especially important when a breath or blood test showed an alcohol concentration of 0.08 or higher, or when the driver refused testing.
After a DUI arrest, it is easy to focus only on the upcoming court date. But for many Maryland drivers, the first and most urgent issue is protecting the ability to drive. If you were arrested in Glen Burnie, Anne Arundel County, or elsewhere in Maryland, acting before the 10-day window closes can be one of the most important decisions you make.
Two Separate Proceedings Start After a Maryland DUI Arrest
A Maryland DUI arrest can create two separate cases with different rules, deadlines, and consequences. The first is the criminal case, which is handled in Maryland courts. This case addresses the charges brought by law enforcement, such as driving under the influence of alcohol, driving while impaired by alcohol, or another alleged impaired-driving offense.
The second is an administrative license case
involving the Maryland Motor Vehicle Administration. This matter is not decided by the criminal court judge. Instead, it concerns whether the MVA can suspend your driver’s license or driving privilege based on the officer’s report, a test result, or an alleged refusal to take a chemical test.
These proceedings can move on separate timelines. A favorable criminal outcome does not automatically undo an MVA suspension, and an MVA hearing does not resolve the criminal charge. That is why people arrested for DUI should not wait for a court date to begin addressing the license issue.
The Law Office of Mitchell A. Greenberg, LLC—The LawChampion—helps clients understand both sides of the process and the immediate steps that may be necessary after an arrest.
The 10-Day MVA Hearing Request Window
If you received an Order of Suspension after a DUI-related stop, carefully review the paperwork immediately. Maryland law allows a person in many alcohol-test or refusal cases to request an MVA hearing within 30 days of the order. But the first 10 days
are critical: requesting the hearing within that period may prevent the suspension from taking effect while you wait for the hearing.
A request made after the 10-day mark but within 30 days may still result in a hearing. However, it does not generally extend the temporary driving privilege, and the suspension may begin on the 46th day after the Order of Suspension was issued. A late request can therefore leave someone unable to drive to work, school, medical appointments, or family responsibilities before the administrative hearing occurs.
Do not assume the deadline will be extended because you have a criminal court date, because you were released from custody recently, or because you are still deciding whether to hire a lawyer. The MVA deadline operates independently. In a high-urgency situation, the safest course is to have an experienced Maryland DUI defense attorney review the Order of Suspension and act promptly.
DUI vs. DWI Under Maryland Law
People often use “DUI” and “DWI” interchangeably, but Maryland law treats them differently. A DUI
generally refers to driving while under the influence of alcohol, including driving under the influence of alcohol per se. A test result of 0.08 or higher can support an allegation that a driver was under the influence of alcohol per se.
A DWI
generally refers to driving while impaired by alcohol. Although it is often viewed as a less serious alcohol-related driving charge than DUI, it is still a criminal offense and can carry significant consequences. The facts of the stop, officer observations, field sobriety testing, chemical testing, prior record, and whether a crash occurred can all affect the charges and potential penalties.
Both DUI and DWI allegations deserve a careful defense. The specific charge on a citation does not tell the entire story, and a lawyer should evaluate the traffic stop, detention, testing process, statements, video evidence, and all related paperwork.
What Happens to Your Maryland License After a DUI Arrest?
For drivers who tested at 0.08 or higher or allegedly refused testing, the MVA can pursue an immediate administrative suspension under Maryland’s implied-consent law. The length and type of sanction can depend on the test result, whether there was a refusal, prior incidents, commercial driving status, and other circumstances.
In some cases, an ignition interlock option, restricted driving privilege, or other alternative may be available. These options have eligibility requirements and deadlines, so they should be reviewed before surrendering documents, making elections, or allowing a suspension to take effect without a plan.
Separately, a criminal conviction can create additional MVA consequences, including points, suspension, or other licensing action. This is another reason the criminal case and the MVA case should be considered together. A decision that seems convenient in the short term can affect your driving record, employment, insurance costs, and ability to travel throughout Anne Arundel County and beyond.
Why Early Legal Representation Matters Most
The period immediately after an arrest is when important evidence and deadlines are most likely to be lost. Police body-camera footage, dashboard video, dispatch records, witness memories, testing records, and the exact language in the officer’s paperwork may all matter. Waiting until just before a Maryland court date can make it harder to investigate and respond effectively.
Mitchell Greenberg works with clients facing DUI and DWI charges in Glen Burnie, Anne Arundel County, and Maryland courts throughout the region. Early representation allows The LawChampion to review the charging documents, address the MVA hearing deadline, assess potential license options, and begin building a defense before key opportunities disappear.
Every case is different, and no lawyer can promise a particular result. But taking action quickly gives you more options than waiting until a suspension has already begun or a court hearing is days away.
FAQ
Do I have only 10 days after a Maryland DUI arrest?
If you received an Order of Suspension based on a qualifying alcohol test result or alleged refusal, the 10-day period is the key deadline for requesting an MVA hearing while preserving the temporary driving privilege. A hearing request may be possible up to 30 days, but waiting past day 10 can allow the suspension to begin before the hearing.
Can my license be suspended even if my criminal case is dismissed?
Yes. The MVA administrative proceeding is separate from the criminal case. A criminal dismissal does not automatically eliminate an administrative suspension.
Do I have to attend the MVA hearing?
If you request a hearing, attendance is important. Missing a scheduled hearing without a compelling reason can result in the original sanction being imposed.
Is a DUI more serious than a DWI in Maryland?
DUI and DWI are different offenses under Maryland law, with DUI generally carrying more severe potential penalties. However, both can seriously affect your license, record, insurance, and employment.
What should I bring to a DUI lawyer right away?
Bring every document you received from the police or MVA, including the citation, Order of Suspension, test results, temporary license, and court paperwork. The dates on those documents may control your next steps.
For more information, visit DUI / DWI or explore Criminal Defense. The 10-day window does not wait—call or text The LawChampion at 443-672-8529 today.