If you’ve been arrested for DUI in Maryland, knowing what to do after a DUI arrest can make the difference between a conviction with severe consequences and a more favorable outcome. The moments and days following your arrest are critical for protecting your rights and building your defense.
At Seddiq Law, our two experienced and well-known attorneys understand that a DUI arrest is overwhelming and frightening. Therefore, taking the right steps immediately can significantly impact your case. From preserving evidence to understanding administrative penalties, every decision matters when facing DUI charges in Maryland. Working with a DUI Lawyer in Rockville, MD can help ensure your rights are protected at every stage.
Key Takeaways
- You have only 10 days to request an MVA hearing to protect your driving privileges
- Document everything you remember about the traffic stop and arrest while the details are fresh
- Avoid discussing your case on social media or with anyone except your attorney
- DUI penalties in Maryland include jail time, fines, license suspension, and ignition interlock requirements
- Both administrative MVA proceedings and criminal court cases require separate attention
- Get legal help by contacting Seddiq Law right away
Immediate Steps Following Your Release
Document Everything While Your Memory Is Fresh
The hours immediately after your release are critical for preserving evidence that could prove vital to your defense. Write down every detail you can remember about the traffic stop, including the reason the officer gave for pulling you over, the questions asked, the field sobriety tests performed, and the officer’s exact words. Note weather conditions, road conditions, and any witnesses present. This documentation helps your attorney identify potential constitutional violations or procedural errors that could lead to dismissed charges.
Securing Evidence and Witness Information
If there were passengers in your vehicle or witnesses to your arrest, obtain their contact information immediately. Their testimony about your behavior, driving, and the circumstances of the stop could contradict the officer’s observations. Additionally, if you were at a restaurant, bar, or social gathering before driving, collect receipts and identify people who can testify about what and how much you consumed. This evidence becomes harder to obtain as time passes.
Understanding Maryland’s Dual DUI Process
The MVA Administrative Hearing
Maryland operates on a dual-track system for DUI cases, meaning you face both administrative penalties through the Motor Vehicle Administration and criminal charges through the court system. You have only 10 days from your arrest to request an MVA hearing, or your license will be automatically suspended. This hearing is separate from your criminal case but equally important for maintaining your driving privileges and potentially your livelihood.
The administrative hearing focuses on whether the officer had reasonable grounds for the stop, whether you were properly advised of your rights, and whether you refused or failed chemical testing. The burden of proof is lower than in criminal court, making it crucial to have legal representation even at this early stage. Our attorneys at Seddiq Law can represent you at both proceedings, ensuring consistent defense strategies across both venues.
Criminal Court Proceedings
While the MVA hearing addresses your driving privileges, the criminal case determines whether you’ll face jail time, fines, and a criminal record. Maryland recognizes several DUI-related offenses, including DUI per se (BAC of .08 or higher), DWI (driving while impaired), and aggravated DUI charges for higher BAC levels or repeat offenses. Each charge carries different penalties and requires tailored defense strategies.
Building Your Defense Strategy
Challenging the Traffic Stop
A DUI case starts with a traffic stop, which requires reasonable suspicion. If the stop was unlawful, evidence may be suppressed. Challenges often focus on whether a traffic violation occurred, the officer’s observations were accurate, or checkpoint procedures were followed. Dashboard camera footage can often dispute officer testimony.
Field Sobriety Test Deficiencies
Standard field sobriety tests are flawed. Factors like medical conditions, injuries, fatigue, anxiety, and footwear can skew results. Certain medications or neurological issues affect the horizontal gaze nystagmus test. The walk-and-turn and one-leg stand tests are unreliable for people over 65, those with back or leg problems, or individuals who are significantly overweight. Our attorneys know how to challenge the administration and interpretation of these tests.
Chemical Testing Issues
Breathalyzer and blood test results aren’t as conclusive as prosecutors suggest. Breathalyzers must be properly calibrated and maintained, and officers must be certified to operate them. Certain medical conditions, dental work, and even diet can affect breathalyzer readings. Blood tests can be contaminated, improperly stored, or subject to chain-of-custody issues.
Understanding what to do after a DUI arrest includes preserving your right to challenge these test results through independent analysis when possible.
Minimizing Consequences and Penalties
First Offense vs. Repeat Offenses
Maryland DUI law distinguishes first-time offenders, who may qualify for probation before judgment (PBJ) or diversion to avoid conviction, from repeat offenders. Repeat offenses mandate minimum sentences, longer license suspensions, and extended ignition interlocks. Prior offenses, including out-of-state convictions and the lookback period, are key to determining penalties.
Alternative Sentencing Options
Beyond traditional penalties, courts may offer alternative sentencing options that minimize disruption to your life. These might include work release programs, home detention with electronic monitoring, or community service in lieu of jail time. Voluntary enrollment in alcohol education or treatment programs before sentencing demonstrates responsibility and often results in reduced penalties.
Frequently Asked Questions
Should I refuse a breathalyzer test in Maryland?
Maryland’s implied consent law means refusing a breathalyzer results in automatic license suspension for 270 days for a first refusal. However, refusal may limit evidence against you in criminal proceedings. This decision depends on individual circumstances and prior record.
How much does a DUI cost in Maryland?
Total costs, including fines, legal fees, increased insurance, ignition interlock devices, and lost income, often exceed $10,000 for a first offense. Repeat offenses or accidents increase costs substantially.
Can I get a restricted license after a DUI arrest?
Maryland offers restricted licenses allowing driving to work, school, medical appointments, and alcohol treatment programs. Eligibility depends on whether you submitted to testing and your prior record.
Will a DUI affect my job or professional license?
Many professional licenses require reporting arrests or convictions. Commercial drivers face stricter penalties and may lose their CDL. Each profession has different requirements for disclosure and potential consequences.
How long does a DUI stay on my record in Maryland?
DUI convictions remain on your criminal record indefinitely unless expunged. For MVA purposes, points remain for two years, but the conviction affects insurance rates for much longer.
Taking Control of Your Future – Know What to Do After a DUI Arrest: Contact Seddiq Law Now
Understanding what to do after a DUI arrest empowers you to protect your rights and minimize consequences. Every case presents unique circumstances and defense opportunities. The decisions you make immediately following arrest can determine whether you face conviction or achieve a favorable resolution.
At Seddiq Law, we are ready to listen to your story and explain how we can help. Call us at (301) 513-7832 for a confidential consultation. You can also complete our secure online intake form. Once completed, an attorney will contact you.
