A DUI Arrest in Maryland Starts Two Clocks. The LawChampion Fights Both.
If you were arrested for DUI in Maryland, you have 10 days from the date of arrest to request an MVA administrative hearing to contest your license suspension, a deadline that runs independently of the criminal case you are also facing. As a DUI attorney in Glen Burnie, MD who has been practicing in Maryland courts for 35 years, I fight both proceedings simultaneously.
DUI and DWI in Maryland Are Two Different Charges With Two Different Stakes
Maryland law distinguishes between DUI (driving under the influence) and DWI (driving while impaired). The distinction matters for what the prosecution must prove, what penalties you face, and what options are available to resolve the case.
A DUI charge applies when a driver's blood alcohol concentration (BAC) is .08 or higher, or when impairment by any substance is established through evidence beyond the BAC reading alone. A DWI charge applies at a lower threshold, typically a BAC between .04 and .07, or when a law enforcement officer observes impairment below the DUI standard. DWI carries a lesser criminal penalty than DUI, but a drunk driving charge at either level is still a criminal matter with license, record, and employment consequences.
Whether you are facing a DUI or a DWI, understanding the charge, what the facts support, and whether a reduction or outright defense is available is the first analysis I perform on every case I take.
DUI / DWI
You Have 10 Days From Your Arrest to Protect Your License.
The 10-Day MVA Hearing Window That Most Defendants Don't Know About
A Maryland DUI arrest triggers two separate legal proceedings running on independent timelines. The criminal case moves through the District or Circuit Court. The MVA administrative hearing determines what happens to your driving privileges, and it runs entirely on its own clock regardless of how the criminal case resolves.
From the date of your DUI arrest, you have 10 days to submit a written request to the Maryland MVA for an administrative hearing. If that request is not made within 10 days, your license is automatically suspended: 45 days for a first offense, 90 days for a subsequent one. A favorable outcome in the criminal case does not undo a suspension that resulted from a missed MVA deadline. These are two separate processes with two separate consequences, and both have to be addressed.
Requesting the MVA hearing on your behalf is the first action I take when I accept a DUI case. If you were arrested recently and have not yet called an attorney, count the days from your arrest date and contact my office today.
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What a Maryland DUI Conviction Actually Costs You
The penalties for a Maryland DUI or DWI conviction depend on the charge, any prior history, and how the case is resolved. These are the statutory consequences that guide every case I evaluate.
First offense DUI conviction: up to one year incarceration, fines up to $1,000, six-month license suspension, mandatory alcohol education program participation, and possible ignition interlock requirement.
First offense DWI conviction: up to 60 days incarceration, fines up to $500, 60-day license suspension.
Second DUI conviction: up to two years incarceration, fines up to $2,000, one-year license suspension. A second offense involving a minor in the vehicle doubles the maximum penalty exposure.
A first-time DUI offender in Maryland may be eligible for Probation Before Judgment — a disposition in which the court withholds a formal finding of guilt and places the defendant on probation. A PBJ does not constitute a conviction under Maryland law and may be eligible for expungement once the probationary period is complete. Whether PBJ is available depends on the facts of your arrest and your prior record. I evaluate every DUI case for every available option, not just the most obvious one.
How I Fight a DUI Charge in Maryland
A DUI case is not simply a matter of what the breathalyzer said. Every stage of the stop, the arrest, and the testing process is subject to legal challenge, and the most consequential results I have obtained in DUI cases have come from identifying the issue the prosecution did not expect.
Step 1:
Challenge the Traffic Stop Itself
A traffic stop must be supported by reasonable articulable suspicion that a violation occurred. If the officer lacked a lawful basis to stop your vehicle, the evidence gathered afterward — the field sobriety results, the breathalyzer reading, the officer's observations — may be suppressed entirely. An unlawful stop does not become lawful because of what it produced. I have challenged traffic stop legality in Maryland criminal courts throughout my career, and when the stop cannot be legally justified, suppression is the motion I file.
Step 2:
Examine How the Field Sobriety Tests Were Administered
Standardized field sobriety tests must be administered according to the National Highway Traffic Safety Administration's established protocols to produce reliable results. Surface conditions, lighting, footwear, the officer's instructions, and the defendant's physical condition all affect validity. I review the full administration record before treating any field sobriety result as evidence that stands against you.
Step 3:
Challenge the Breathalyzer Calibration and Procedure
Breathalyzer instruments require regular calibration, documented maintenance, and certified operators. A device that was not properly maintained, operated by an uncertified officer, or administered without the required observation period produces a result that can be challenged. I obtain the maintenance and calibration records for every breathalyzer involved in a case I handle.
Step 4:
Evaluate Every Available Option Before Recommending a Path
Only after reviewing the complete case record — the stop, the arrest, the testing, the officer's written report, and all available evidence — will I advise on whether to challenge the charge at trial, negotiate a reduction from DUI to DWI, or pursue a Probation Before Judgment disposition. I make that recommendation directly to you, not through a paralegal summarizing notes. A DUI charge carries permanent consequences if handled wrong. You will have the full picture before you make any decision.
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Questions About DUI Cases
What Maryland DUI Defendants
Ask Before They Call
What happens after a first DUI in Maryland?
Following a DUI arrest, you are issued a temporary paper license and the 10-day MVA hearing request window begins immediately. The criminal case proceeds through the District Court for most first offenses, where possible outcomes range from acquittal to negotiated reduction to DWI, Probation Before Judgment, or conviction with sentencing. The criminal proceeding and the MVA administrative hearing operate independently of each other — both require attention from day one, and both are part of what I handle when I take a DUI case.
What is the difference between a DUI and DWI in Maryland?
A DUI applies at a BAC of .08 or higher or when impairment by any substance is established beyond the BAC reading alone. A DWI applies at a BAC between .04 and .07, or when a law enforcement officer observes impairment below the DUI threshold. DUI carries a maximum of one year incarceration and $1,000 in fines on a first offense. DWI carries a maximum of 60 days and $500 in fines. Both are criminal charges, both produce a record, and both affect your license. I evaluate both for every available defense and disposition option.
What happens to my license after a DUI in Maryland?
Your driving privileges are at risk on two tracks simultaneously. The criminal conviction carries a statutory suspension — six months for a first DUI, 60 days for a first DWI. The MVA administrative process runs independently: if you miss the 10-day hearing request window, your license is automatically suspended regardless of how the criminal case resolves. I handle both the criminal case and the MVA hearing as part of representing you, and filing the MVA hearing request is the first thing I do.
Can a DUI be expunged in Maryland?
It depends on how the case was resolved. A conviction for DUI or DWI is not eligible for expungement in Maryland. If the case was resolved through Probation Before Judgment, expungement may be available after the probationary period is complete. Cases that were dismissed or resulted in a not guilty verdict are also eligible. I evaluate every DUI case for all available disposition options — including the ones that preserve expungement eligibility — before advising on any course of action.
Do I need a lawyer for a DUI in Maryland?
Yes. A first-offense DUI is a criminal charge with incarceration exposure, license consequences, record consequences, and potential effects on employment and professional licensing. The MVA hearing, the criminal proceeding, and the expungement question all require legal judgment and procedural knowledge that is not intuitive when you are navigating the system for the first time. A DUI attorney in Glen Burnie, MD who has practiced in Maryland courts for 35 years will find the defenses, evaluate every disposition option, and fight both proceedings from the start. The consultation is free. Call before you decide how serious this is.
What if I think the traffic stop was illegal?
That is the first question I ask about every DUI case. A stop conducted without reasonable articulable suspicion of a traffic violation is constitutionally invalid, and evidence gathered from that stop may be suppressed. A successful suppression motion can eliminate the prosecution's entire evidentiary case against you. The lawfulness of the traffic stop is not a procedural technicality — it is a constitutional protection, and I know exactly how to argue it in a Maryland courtroom.
What are the Maryland DUI penalties for a first offense?
A first-offense DUI conviction carries up to one year incarceration, fines up to $1,000, a six-month license suspension, mandatory alcohol education, and the possibility of an ignition interlock requirement. A first-offense DWI conviction carries up to 60 days incarceration, fines up to $500, and a 60-day license suspension. These are statutory maximums — actual outcomes depend on the specific facts of the arrest, any mitigating circumstances, and how the case is handled throughout the proceeding. I will give yo
The Law Office of Mitchell A. Greenberg, LLC has defended DUI and DWI clients in Anne Arundel County and across Maryland since 1991. Mitchell holds eight Super Lawyers designations placing him in the top 5% of Maryland attorneys by peer review, carries a 17-case record in murder matters with zero losses, and is licensed in Maryland, Washington DC, and federal court. He stays closely involved in every DUI and DWI matter from intake through resolution. Learn more about Mitchell's background and case record.
Need legal help now?
The MVA Deadline Is Running. Call Today.
The consultation is free and has no time limit. I will walk you through both proceedings, tell you exactly what your options are, and tell you what I think the right move is. Call, text, or fill out the contact form — and do it today, not after the 10-day window has closed.