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What Happens After a DUI Arrest in Maryland?

You’ve just been released from police custody after your DUI arrest.  Now, what happens after a DUI arrest in Maryland?

After being arrested for a DUI in Maryland, you will be taken to the police station for a breathalyzer test to determine your blood alcohol content.

If your BAC is above the 0.08% legal limit, or you refuse to take the test, then you will be charged with a DUI.

Typically, you will be released on your own recognizance.

Preliminary Inquiry

Within five days of your arrest you must appear before a District Court commissioner for a preliminary inquiry.  A preliminary inquiry is the first contact you will have with the court system.

At the preliminary inquiry the commissioner will advise you of the following:

  1. Your right to an attorney.
  2. The traffic charges filed against you.
  3. The maximum penalties for the traffic charges.
  4. Your trial date.

If you hire an attorney and the attorney enters their appearance within those five days, then you don’t need to appear before the commissioner.

MVA Hearing

Remember, you are facing serious consequences with respect to your privilege to drive after a DUI arrest in Maryland.  However, you may challenge or request a modification of the MVA’s sanctions by requesting a MVA hearing.

A MVA hearing must be requested in a timely fashion and you should discuss with your attorney whether or not you should request a MVA hearing.


At your court date, you attorney will speak with the Assistant State’s Attorney to workout a plea agreement.  If you reject the plea agreement, then your DUI case will go to trial.

At trial, State’s Attorney’s Office must prove beyond a reasonable doubt that you operated your motor vehicle while under the influence of alcohol.  Depending on the charges, you have a right to a trial by judge or jury.

If you plead guilty or are found guilty after trial, then the court will impose its sentence.

The penalties may consist of fines, fees, jail and probation.

Schedule a free DUI Lawyer Consultation to Discuss What Happens After a DUI Arrest in Maryland

Maryland DUI Attorney Ross W. Albers offers a free consultation.

During your free consultation, the Law Office of Ross W. Albers will review what happens after a DUI arrest in Maryland.  You will discuss the facts, charges, MVA consequences and possible criminal penalties of your Maryland DUI case.

The Law Office of Ross W. Albers is a member of the National College for DUI Defense.  Maryland DWI Lawyer Ross W. Albers was selected by Super Lawyers as a Rising Star in Criminal Defense: DUI.

Contact the Law Office of Ross W. Albers today to schedule a free consultation. Evening and weekend appointments are available.

Checkout our Maryland DUI Attorney reviews, blogs and videos!

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Baltimore County Attorney: Arbutus (21227), Catonsville (21228, 21250), Cockeysville (21030, 21031, 21065), Dundalk (21222), Edgemere (21219), Essex (21221), Garrison (21055), Lansdowne (21227), Lochearn (21207), Lutherville (21093), Middle River (21220), Milford Mill (21244), Overlea (21236), Owings Mills (21117), Parkville (21234), Park Heights (21215), Pikesville (21208), Randallstown (21133), Reisterstown (21136), Rosedale (21237), Timonium (21093), Towson (21204), White Marsh (21162), Woodlawn (21207), and more.

Carroll County Attorney: Eldersburg (21784), Finksburg (21048), Hampstead (21074), Manchester (21102), Marriottsville (21104), Taneytown (21787), Union Bridge (21791), Westminster (21157, 21158), Mount Airy (21771), New Windsor (21776), Sykesville (21784), Woodbine (21797), Taneytown (21787), and more.

Frederick County Attorney: Frederick (21701, 20702, 21703, 21709), New Market (21774) , Mount Airy (21771), Urbana (21704), Ijamsville (21754), Walkersville (21793), Libertytown (21762), Damascus (20872), and more.

Harford County Attorney: Aberdeen (21001), Abingdon (21009), Bel Air (21014, 21015), Darlington (21034), Edgewood (21040), Forest Hill (21050), Jarrettsville (21084), Joppa (21085), Pylesville (21132), Whiteford (21160), White Hall (21161)

Howard County Attorney: Clarksville (21029), Columbia (21044), Cooksville (21723), Dorsey (21075), Elkridge (21075), Ellicott City (21043), Fulton (20759), Glenelg (21737), Glenwood (21738), Granite (21163), Hanover (21076), Highland (20777), Jessup (20794), Lisbon (21765), Marriottsville (21104), North Laurel (20723), West Friendship (21794), Woodbine (21797), Woodstock (21163), and more.

Montgomery County Attorney: Olney (20832), Damascus (20872), Laytonsville (20882), Silver Spring (20910), Clarksburg (20871), Gaithersburg (20878), Germantown (20876), Bethesda (20816), Chevy Chase (20815), and more.