Arrested for DUI in Maryland? Here Is What Happens Next

Focused DUI Defense From Arrest to Resolution

Baltimore DUI defense lawyers

Baltimore DUI Defense Lawyers

Being charged with driving under the influence (DUI) does not define you. How you respond to it, however, can shape your future. If you have been arrested for a DUI in Baltimore, you are probably – and understandably – feeling overwhelmed right now. You may be wondering:

  • Am I going to jail?
  • Will I lose my license?
  • What happens to my job?
  • Can the charges be reduced?

Stay calm, a DUI charge is serious – but also defendable. What happens next depends on what you do immediately after the charges.

At Garner Legal, LLC, a DUI defense lawyer can help clients throughout the Baltimore and Washington, D.C., metropolitan areas navigate the legal system after a DUI charge. If you have been charged outside our service area, we have a network of skilled lawyers in the city and surrounding counties and can refer you to someone to help you fight against the charges. We work to protect your rights, your freedom, and your future.

DUI vs. DWI in Maryland – What Is the Difference?

Maryland uses two main alcohol-related driving charges. They sound similar, but the legal standards and potential consequences are different.

  • Driving Under the Influence (DUI): The more serious charge, and applies when your blood alcohol concentration (BAC) is 0.08 or higher, or when the State claims that alcohol or drugs substantially impaired your ability to drive safely. A DUI charge is based on a higher level of impairment and carries harsher criminal and licensing penalties.
  • Driving While Impaired (DWI): This charge applies when alcohol or drugs affected your driving, but not to the level required for a DUI. A DWI is still a criminal offense, but it is generally treated as a lower level of impairment and carries lighter penalties than a DUI.

In many cases, police and prosecutors charge both DUI and DWI from the same stop. The court then determines which charge, if any, is supported by the evidence. Both charges can affect your driver’s license, insurance rates, employment, and criminal record.

What Charges Are Usually Filed After a DUI Arrest in Maryland?

If you were arrested for DUI in Maryland, you were probably charged with more than just “DUI.” In most cases, the police file multiple charges, including:

  • DUI: Alleges that alcohol or drugs impaired your ability to drive safely.
  • DUI Per Se: Based strictly on your blood alcohol concentration (BAC), usually a level of 0.08 or higher, regardless of whether officers observed obvious impairment.
  • DWI: Often filed when evidence suggests some impairment, but not to the level of a DUI.
  • Reckless Driving: Alleges you drove with a willful disregard for the safety of others, such as excessive speeding or aggressive driving.
  • Negligent Driving: Careless driving behavior that created a risk to others, but without the heightened intent required for reckless driving.
  • Payable traffic citation causing the stop: This may include speeding, lane violations, or failing to obey a traffic control device.

Multiple charges can feel overwhelming. It often looks like the State is trying to pile on counts. This is common in Maryland DUI cases and does not mean you will be convicted of every charge.

Will I Be Found Guilty of All These Charges?

One of the first questions clients often ask is: “Am I going to be found guilty of all of this?” Honestly? Probably not.

In many cases, we are able to have most of the charges dismissed or merged. Prosecutors often file multiple overlapping offenses, but that does not mean each charge is legally sustainable.

Every case depends on the facts — the stop, the testing, the officer’s observations, and how the case is handled — but multiple charges do not equal multiple convictions.

Should I Just Pay the Traffic Tickets?

Another common question is whether you should just pay the traffic tickets. No, you should not. If you pay, you will:

  • Automatically receive points.
  • Admit responsibility.
  • Limit strategic options in your DUI case.

While it may be possible to reopen certain citations later, paying a ticket closes that charge. Once it is paid, a lawyer must ask the court to undo something that has already been resolved. At that point, the outcome depends largely on a judge’s discretion, which can vary from court to court.

The decisions you make early on in your case – including paying tickets – can affect leverage, negotiation, and trial strategy. In most DUI cases, it is far better to review your full case strategy before paying any tickets connected to the stop. Even a seemingly minor payable citation can affect how the State proceeds on the more serious charges.

DUI cases are not just about the alcohol charge. They are about how all of the charges interact. Before taking any action, speak with a lawyer to understand how all the charges fit together. A brief phone call can help you avoid mistakes that are difficult to fix later. We offer free consultations.

Noah’s Law in Maryland: What It Is — and How It Affects Your License

In 2016, Maryland enacted the Drunk Driving Reduction Act of 2016, commonly known as Noah’s Law, after Montgomery County Police Officer Noah A. Leotta, who was struck and killed by a drunk driver on duty in 2015. The law was signed on May 19, 2016, and took effect on October 1, 2016. The purpose of Noah’s Law is to:

Increase License Suspension Periods

Noah’s Law significantly increased the length of administrative license suspensions depending on BAC level and prior history.

Below is a simplified breakdown of how suspension periods changed.

  • BAC of 0.08 – 0.14
    • First Offense: Increased from 45 to 180 days
    • Second or Subsequent Offense: Increased from 90 to 180 days
  • BAC of 0.15 or Higher
    • First Offense: Increased from 90-180 days
    • Second or Subsequent Offense: Increased from 180 to 270 days
  • Refusal of Breath Test
    • First Refusal: Increased from 120 to 270 days
    • Second or Subsequent Refusal: Increased from 1 year to 2 years

Refusing the test now carries some of the harshest administrative penalties.

Expand Mandatory Ignition Interlock Requirements

Noah’s Law mandates ignition interlock participation for drivers convicted of:

  • Driving Under the Influence (DUI)
  • Driving While Intoxicated (DWI) while transporting a minor under 16
  • Driving While Intoxicated following an initial breath test refusal

Baltimore DUI defense lawyer

Additionally, a chemical test result of 0.08–0.14 can result in an 180-day ignition interlock program in lieu of license suspension. Drivers must successfully complete the ignition interlock program with no violations in the final three months before being released from the program.

Strengthen Maryland’s Ignition Interlock Program

Maryland already had one of the strongest ignition interlock programs in the country prior to Noah’s Law. The legislation under Noah’s Law strengthened it even further. According to the Maryland Department of Transportation (MDOT):

  • Maryland ranks among the highest states for ignition interlock installations.
  • Approximately 11,000 drivers are referred to the program annually.
  • Nearly 7,000 drivers are enrolled at any given time.

Noah’s Law increased participation by expanding mandatory categories. You are not alone and may even start noticing other vehicles with the ignition interlock device once you have one.

Homicide or Life-Threatening Injury While DUI or DWI

The law also applies to cases involving serious injury or death caused by a motor vehicle while DUI or DWI. These cases carry enhanced consequences under Maryland law.

Understanding BAC in Maryland

Under Maryland law:

  • A BAC of 0.08 or higher results in a DUI charge.
  • A BAC of 0.07 may result in a DWI charge if there is evidence of impairment.

These thresholds trigger both criminal penalties and administrative consequences through the MVA.

Why This Matters in Your DUI Defense Case

Noah’s Law affects:

  • How long your license is suspended
  • Whether you qualify for ignition interlock instead of suspension
  • How refusal decisions impact your case
  • How court strategy and MVA strategy must align

The administrative case and the criminal case move on parallel tracks, and the timing of your decisions matters.

What Is Ignition Interlock?

An ignition interlock device is essentially a breathalyzer installed in your vehicle that prevents you from starting your vehicle without first testing your blood alcohol level. If you have an interlock device:

  • You must blow into it before your car will start.
  • You must submit rolling breath tests while driving.
  • Failed tests are recorded and reported.
  • Violations can extend your interlock period.

It is monitored, expensive, and not optional once ordered.

How Long Do You Have to Keep Interlock?

Under Maryland law, interlock participation typically lasts:

  • 6 months for certain first-time offenders.
  • 12 months or more for higher BAC levels, refusals, or repeat offenses.

However, the exact duration depends on:

  • Your BAC level.
  • Whether you refused testing.
  • Prior offenses.
  • MVA administrative findings.
  • Court outcomes.

The criminal court and the MVA can both influence what happens.

How Noah’s Law Affects Your DUI Defense Strategy

Under Maryland’s current system, drivers sometimes have a choice to either accept license suspension or elect to participate in the ignition interlock program instead. However, your choice depends on:

  • Your BAC.
  • Whether you refused testing.
  • Whether you timely request an MVA hearing.
  • Whether you qualify under the statute.

Participation is procedural, not automatic, and timing matters.

Why Early Legal Advice Matters Under Noah’s Law

The biggest mistake people make is assuming that interlock ignition is automatic. In reality, there are often strategic decisions that can:

  • Limit the duration of interlock.
  • Avoid mandatory interlock.
  • Challenge the basis for suspension.
  • Protect your driving privileges sooner.
  • Coordinate court strategy with MVA strategy.

A DUI case in Maryland is not just about guilt or innocence. It is also about protecting your ability to drive.

Certain options must be exercised within 10 days of the date of your arrest. Don’t wait to call a lawyer.

What Happens Immediately After a DUI Arrest?

After a DUI arrest in Maryland, two separate legal processes usually begin at the same time – a criminal court case and a motor vehicle (license) case.

The criminal case is handled in the District Court, unless a jury trial is requested and the case is transferred to the Circuit Court. This is where the State prosecutes the DUI or DWI charges and where potential penalties may include:

  • Fines
  • Points on your driving record
  • Probation
  • Alcohol education or treatment programs
  • Possible jail time

Separate from the court case, the Motor Vehicle Administration (MVA) handles your driver’s license.

After an arrest involving alcohol or drugs, you generally have only 10 days to request an MVA hearing to challenge the administrative suspension of your license. If you do not request a hearing within that time, the suspension can go into effect automatically.

This is why timing matters. The court case and the license case move on different tracks, and missing the MVA deadline can affect your ability to drive even before your criminal case is resolved.

DUI Penalties in Maryland

Penalties for a first-time DUI can include:

  • Up to 1 year in jail.
  • Up to $1,000 fine.
  • 12 points on your license.
  • Possible ignition interlock.

Penalties increase significantly for repeat offenses. But the maximum penalty is rarely the outcome in a well-defended case.

DUI Cases Are Not Automatic Convictions

Every DUI case is different and depends on the specific facts, such as:

  • Was the traffic stop legal?
  • Were field sobriety tests properly administered?
  • Was the breath machine properly calibrated?
  • Was there probable cause?
  • Were your rights violated?

Small details often determine whether a case is reduced, dismissed, or won at trial.

Why Clients Choose Garner Legal for DUI Defense

At Garner Legal, we don’t treat DUI cases like traffic tickets. A solid DUI defense practice includes:

  • Judge assignment strategy
  • Timing and scheduling strategy
  • Motions practice
  • Trial advocacy
  • Negotiation
  • MVA strategy

We resolve some cases through negotiation and win others in court. Our goal in every case is to protect your driver’s license, your record, and your future by building a defense strategy tailored to the specific facts and risks of your case.

Facing a DUI? Contact a Baltimore DUI Defense Lawyer at Garner Legal Today

A DUI can impact all aspects of your life for many years. If you are facing a DUI charge, an experienced Baltimore DUI defense lawyer at Garner Legal can protect your rights from the start. Call 443-899-1758 or contact us online to schedule a free consultation. Located in Baltimore, we serve clients throughout Maryland.