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Maryland DWI & DUI Legal Process Outline

The legal penalties for a DWI or DUI charge are not resolved in one proceeding. Rather, the penalties are encountered at several stages of the legal process. In addition, the consequences depend greatly on the individual case. The stages and corresponding legal penalties are summarized below.

The Arrest

Once an officer decides to charge an individual with DWI or DUI the first set of consequences are immediate arrest and confiscation of the individual's driver's license. A temporary license is issued.

The First Administrative Hearing

The next stage is the first administrative hearing, in which a judge effectively decides how long driving privileges will be suspended after the temporary license expires. This hearing must be requested within 10 days of arrest or privileges are suspended without a hearing. (See next section for important details about requesting this hearing).

A judge bases his/her decision to suspend a license on whether or not there were reasonable grounds for the DWI/DUI charge. Below are the guidelines that judges follow when they do find reasonable grounds and order suspensions.

For a DUI charge mandatory 45-day suspension on a first offense. Mandatory 90 day suspension for a second offense.
For a DWI charge up to 60 days suspension on a first offense.
If an individual is charged with DWI or DUI and refuses to submit a breath or blood test he/she faces a penalty of a 120-day suspension. For a repeat offense the penalty for refusal is 1 year.

The District Court Hearing

Guilt or innocence is decided during the next stage, a court hearing by a District Court Judge. When a judge finds a defendant is guilty common consequences are summarized below:

Driving Under the Influence (DUI)

1st Offense: Fine up to $1000 and/or up to 1 year imprisonment
2nd Offense: Fine up to $2000 and/or up to 2 year imprisonment
12 points on your MVA Record

Driving While Intoxicated (DWI)

1st Offense: Fine up to $500.00 and/or 60 days imprisonment
2nd Offense: Fine up to $500.00 and/or 1 year imprisonment
8 points on your MVA Record

* The State's Attorney may file subsequent offender papers that allow enhanced penalties for repeat offenders.

The Second Administrative Hearing

In addition, if found guilty by the district Court judge, an individual may be required to reappear before an administrative law judge for a second hearing for the issuing of further penalties. These penalties may include the possibilities of suspension, revocation, or restriction.

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Maryland Drunk Driving Lawyer - Maryland Personal Injury Attorney - Mark A. Epstein, P.A.
Serving Baltimore City and Baltimore County, Maryland, as well as the neighboring Counties of Prince Georges, Montgomery, Anne Arundel, Howard , Carroll, Harford and Cecil, and also taking cases on the eastern shore of Maryland.

Specializing in DUI-DWI-Drunk Driving and Personal Injury Law.
(410) 653-8866 or 1(800) 806-LAWS 24 Hours Cell Phone: (410) 627-2222