A DUI arrest is one of the most disorienting experiences a person can go through. One moment you are driving home. The next, you are sitting in the back of a police cruiser wondering what happens next. At The Cohen Law Firm, we hear this from clients every week — and the first thing we tell them is this: what you do in the next 10 days matters enormously.
This guide walks you through exactly what happens after a DUI arrest in Baltimore County and throughout Maryland, step by step. Understanding the process is the first step toward protecting yourself.
You have 10 days from the date of your arrest to request an MVA hearing to contest your license suspension. Miss this deadline and your license will be automatically suspended on day 46 — even if you are never convicted of anything in court.
Two Separate Legal Battles
Most people do not realize that a Maryland DUI arrest triggers two completely separate legal processes that run simultaneously and must both be addressed:
- The MVA Administrative Process — This is about your driver's license. It starts immediately after arrest and has urgent deadlines.
- The Criminal Court Process — This is about potential fines, probation, and jail time. It moves more slowly but carries serious long-term consequences.
Many people focus on the criminal case and miss the MVA deadline entirely. This is one of the most costly mistakes a DUI defendant can make.
What Happens the Night of the Arrest
After being pulled over and arrested for DUI in Maryland, here is what typically happens:
Traffic Stop and Field Sobriety Tests
The officer asks you to perform field sobriety tests and requests a breath or blood test. You should be cooperative and provide your license and registration, but you are not required to answer questions about where you were or how much you drank.
Arrest and Breath Test at the Station
If arrested, you will be taken to the police station for processing. In most Maryland jurisdictions outside Baltimore City, you will be released the same night to a sober driver. Baltimore City is one of the few places where defendants may be held overnight.
You Receive the DR-15A Form
This white form is critically important. It is both your Order of Suspension and your temporary 45-day driver's license. It contains instructions for requesting your MVA hearing. Read it carefully and keep it safe.
You Are Released With Citations
You will receive traffic citations listing your charges and court date. Do not discuss your case with anyone other than your attorney.
The MVA Battle — Act Within 10 Days
The DR-15A form you received at arrest is your Order of Suspension. Unless you act, your license will be suspended starting on day 46 after your arrest. To prevent or contest this, you must request an MVA hearing within 10 days of your arrest.
The hearing request must be submitted in writing to the MVA, along with a $150 fee payable to the Maryland State Treasurer. The MVA will NOT automatically schedule a hearing for you — you must request it yourself.
If you request the hearing within 10 days, your temporary license is extended until the hearing date, allowing you to continue driving legally. If you wait between 11 and 30 days to request, the suspension begins on day 46 regardless — but you can still have a hearing to potentially modify the suspension.
What the MVA Considers at the Hearing
- Did the officer have reasonable grounds to stop you?
- Were you properly advised of your rights regarding the breath test?
- Did you refuse the test, or did you take it and register .08 or above?
- Were proper procedures followed during the stop and arrest?
The MVA hearing is conducted before an Administrative Law Judge. It is a separate proceeding from your criminal case — the outcome of one does not determine the other. An attorney can challenge the evidence, cross-examine witnesses, and argue for a modification of your suspension that allows you to drive to and from work.
License Suspension Lengths
| Circumstance | Suspension Length | Interlock Option? |
|---|---|---|
| First offense, BAC .08–.14, submitted to test | 45 days | Yes |
| First offense, BAC .15 or above | 90 days | Yes (mandatory) |
| First offense, refused breath test | 270 days | Yes (mandatory) |
| Second or subsequent offense | 180 days – 2 years | Yes (mandatory) |
The Ignition Interlock Option
For many defendants, enrolling in Maryland's Ignition Interlock System Program is the fastest path to restored driving privileges. If you elect to install an interlock device — a breath-testing device connected to your vehicle's ignition — you may be able to resume driving within 30 to 45 days of your arrest, even while your suspension is pending.
The decision to pursue an MVA hearing versus electing interlock depends on your specific BAC level, whether you refused the test, and your prior record. This is exactly the kind of strategic decision an experienced DUI attorney can help you make early in the process.
The Criminal Court Process
Separately from the MVA proceedings, your DUI charge will be scheduled for a hearing in the District Court for Baltimore County. The criminal court process moves more slowly — it can take several months from arrest to final disposition. Here is what to expect:
- Initial Appearance / Commissioner Hearing — You may appear before a District Court Commissioner shortly after arrest to address bail conditions.
- Trial Date — Your citations will include a court date. In many DUI cases this is a "must appear" date, meaning you cannot simply pay a fine online.
- Evidence Review — Your attorney will obtain police reports, video footage, breath test records, and calibration logs to evaluate the strength of the State's case.
- Plea Negotiations or Trial — Depending on the evidence, your attorney may negotiate a reduced charge, seek a Probation Before Judgment (PBJ), or take the case to trial.
DUI Penalties in Maryland
| Offense | Max Jail | Max Fine | License Points |
|---|---|---|---|
| DUI (1st offense) | 1 year | $1,000 | 12 points |
| DWI (1st offense) | 60 days | $500 | 8 points |
| DUI (2nd offense, within 5 years) | 2 years | $2,000 | 12 points |
| DUI (3rd or subsequent offense) | 3 years | $3,000 | 12 points |
What Is Probation Before Judgment (PBJ)?
A Probation Before Judgment, or PBJ, is a unique Maryland outcome that is available in some DUI cases, particularly for first-time offenders. If granted, the court does not enter a formal conviction on your record. Instead, you are placed on probation with certain conditions. Successful completion results in no conviction — though the arrest record still exists and PBJ is not the same as a dismissal.
PBJ is not available in every case and is not guaranteed. It typically requires no prior DUI history, cooperation with authorities, and completion of an alcohol education program. Whether you qualify and how to position your case for PBJ is something we evaluate with every client.
What You Should Do Right Now
- Do not discuss your case with anyone other than an attorney
- Locate your DR-15A form and note the date of your arrest
- Call an attorney immediately — the 10-day MVA deadline is absolute
- Write down everything you remember about the traffic stop while it is fresh
- Begin researching alcohol education programs — starting one early gives you more options
- Do not post anything about your arrest on social media
Arrested for DUI in Baltimore County?
The 10-day MVA deadline cannot be extended. Call The Cohen Law Firm today for a same-day consultation — we handle both the MVA hearing and the criminal case, and we are available evenings and weekends.
📞 Call 410-332-0414This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. For advice specific to your situation, please contact The Cohen Law Firm directly at 410-332-0414.
Adam Sean Cohen, Esq.
Adam Sean Cohen has represented clients in DUI and DWI cases throughout Baltimore County, Baltimore City, and all Maryland courts for over 30 years. He is a Super Lawyers honoree with an AVVO rating of 10.0. Learn more →