You have about ten days to protect your license — and that clock started the night you were arrested, not the day of your court date. Here is what happens next, and what can still be done about it.
Cochran & Chhabra has defended DUI and DWI charges in Anne Arundel County since 1970. Call 410.268.5515 — 24 hours.
A Maryland DUI arrest starts two separate cases against you, and most people only notice one of them.
The criminal case is the one with a court date. The other one is administrative: the Motor Vehicle Administration moves to suspend your license on its own timetable, whatever happens in court. If the officer took your license, the paper you were handed — the DR-15A — is a temporary license valid for 45 days.
To keep driving while you fight it, you have to request a hearing with the Office of Administrative Hearings within 10 days of the arrest. Request it inside those ten days and your driving privilege is extended until the hearing happens. Miss that window and the suspension takes effect on day 46 even if your criminal case has not been heard yet. After 30 days you likely cannot get a hearing at all.
The request carries a $150 filing fee, payable to the Maryland State Treasurer, and it has to be mailed. It is not something the court does for you.
Read next: how the MVA hearing works
Maryland is unusual: it separates the two by how impaired the State says you were, not purely by a number.
Driving under the influence (DUI) is the more serious charge and requires the State to show your normal coordination was substantially impaired. Driving while impaired (DWI) requires only that you were impaired to some degree. A breath or blood result of 0.08 or above lets a court infer impairment — it does not automatically prove either charge, and that gap is where a defense lives.
This matters practically: a DWI carries materially lighter penalties than a DUI, and moving a charge from one to the other is a real outcome, not a technicality.
| DUI — first offense | DWI — first offense | |
|---|---|---|
| Maximum jail | Up to 1 year | Up to 2 months |
| Maximum fine | Up to $1,000 | Up to $500 |
| MVA points | 12 — triggers revocation | 8 — triggers suspension |
| Ignition interlock | Required on conviction | Required on conviction |
| PBJ available | Yes, if no prior within 10 years | Yes, if no prior within 10 years |
Source: Md. Code, Transportation § 27-101(k)(1)(i) and § 27-101(c)(22).
Read next: what to expect from a first offense DUI
The MVA suspension is driven by the test result, not the conviction:
| Test result | First-offense suspension | Interlock alternative |
|---|---|---|
| 0.08 – 0.14 | 45 days | 180-day program option |
| 0.15 or above | 90 days | 1-year program required |
| Refused the test | 270 days | 1-year program option |
Refusing the breath test carries a longer suspension than most results do. People refuse believing it helps. Usually it does the opposite.
Read next: Maryland BAC limits explained
Not every case can be won outright. Plenty can be reduced, and some fall apart entirely. What we look at first:
Read next: your rights during a Maryland traffic stop
Annapolis is not an average jurisdiction for this charge. A conviction here reaches into careers that other towns do not have as many of.
If any of these apply to you, say so on the first call. It changes what we are aiming for.
Read next: out-of-state drivers charged in Maryland · boating under the influence in Maryland
Most first-offense DUI and DWI cases in this county are heard in the District Court of Maryland for Anne Arundel County in Annapolis. Serious or repeat matters, and any case where a jury trial is requested, move to the Circuit Court for Anne Arundel County. MVA hearings are held separately, before the Office of Administrative Hearings.
We have been trying cases in these courtrooms since 1970. We know the prosecutors, we know the judges, and we know which arguments land in front of which of them.
Read next: DUI checkpoints in Annapolis
A confidential review of your case, at no cost. We respond within 24 hours.
“Mandeep was incredibly helpful. His first questions were about my well-being and safety before the specifics of my case.”
Occasional notes on DUI, criminal defense, and your rights. Privacy policy. Unsubscribe anytime.