Caught Between Innocent and Guilty: What to Do in the First 24 Hours After a DUI Arrest in Maryland

Table of Contents

The first 24 hours after a DUI arrest in Maryland can feel like a blur—your heart is racing, your mind is foggy, and you’re caught in that terrifying space between “I think I’m innocent” and “But what if they prove I’m guilty?”.
This is the moment where most people make mistakes that haunt them for years: saying too much, waiting too long to get legal help, or assuming the case is “not that serious.”
But here’s the truth: what you do in the first 24 hours often determines whether your case gets dismissed, reduced, or leads to life-altering consequences.
This guide breaks down exactly what steps you must take clearly, calmly, and strategically to protect your license, your record, and your future.

1. Understand Exactly What You Were Arrested For | Because Maryland DUI Charges Aren’t All the Same

You may not realize it right away, but your future depends on knowing the exact charge the officer filed. Maryland has multiple impaired-driving categories under Transportation Article §21-902, each with different penalties and legal strategies:

Driving Under the Influence (DUI)

The most serious alcohol-related charge.
– BAC generally 0.08% or higher
– Carries higher fines, longer jail time, and more damaging license consequences

Driving While Impaired (DWI)

A lesser but still serious charge.
– Often issued when BAC is 0.04–0.07%
– Typically easier to fight but still affects insurance, employment, and security clearances

DUI Per Se

This applies when your BAC is at or above 0.08%, regardless of whether you “appeared impaired.”

Refusal Charges

If you refused a breath test, you face automatic MVA penalties—even if your criminal case is dismissed.

Why this matters in the first 24 hours:
The exact charge determines your deadlines, possible defenses, and whether your license can be immediately suspended. Most people don’t understand this until it’s too late.

2. Request Your Temporary License and Paperwork Before Leaving the Station

Maryland officers will usually give you a DR-15A temporary license and Advice of Rights paperwork.
This is not just a form—it’s the document that tells you how long you can legally drive and what you must do next.

It also contains information the prosecution will rely on later, including:
✔ Breath-test results
✔ Refusal status
✔ Charges written by the arresting officer
✔ MVA instructions

Many people leave the station overwhelmed and misplace these documents, which creates problems when they need to request a hearing or verify driving eligibility.

Do not lose these papers.
They are the first building blocks of your defense.

3. Protect Your Driver’s License by Requesting an MVA Hearing Immediately (You Have 10 Days)

One of the biggest misconceptions is thinking the court controls whether you can drive.
In reality, the Maryland MVA (Motor Vehicle Administration) controls your license—not the judge.

If you took or refused a breath test, you have two critical deadlines:

Deadline 1: 10 Days

You must request an MVA hearing within 10 days if you want to maintain your current driving privilege without interruption.

Deadline 2: 30 Days

You must submit the hearing request and $150 filing fee to challenge the suspension.

If you miss these deadlines, your license suspension automatically begins—even if your DUI case later gets dismissed.

This is why calling a DUI lawyer Maryland within the first 24 hours is essential.

4. Write Down Every Detail You Remember—While It’s Still Fresh

Courts rely heavily on the officer’s version of events.
Your memory fades fast—but the officer’s notes never will.

Within the first day, write down:

  • Why you were stopped (speed, weaving, checkpoint, etc.)
  • What the officer said when approaching the car
  • Whether they told you why they pulled you over
  • Whether your field sobriety tests were explained
  • What the conditions were (rainy, uneven surface, bright lights)
  • How long you waited before taking the breath test
  • Whether you were told your rights correctly

Just one inconsistent detail can be enough for a skilled lawyer to challenge the case.

5. Stop Talking About the Arrest—Especially Online or Over Text

Nothing spreads faster than digital messages, and prosecutors routinely search:

  • SMS messages
  • WhatsApp
  • Instagram DMs
  • Facebook posts
  • TikTok videos
  • Group chats
  • Discord servers

Even a sarcastic comment like “I think I did okay on the breath test lol” can be twisted into a damaging admission.

Your safest option:
Say nothing. Post nothing. Share nothing.

6. Notify Your Employer Only If Absolutely Required

Most jobs in Maryland do not require you to disclose a DUI arrest.
However, there are exceptions:

  • Commercial drivers (CDL)
  • Healthcare professionals
  • Government employees
  • Military personnel
  • Security clearance holders
  • Ride-share drivers

If disclosure is necessary, talk with a lawyer first. Saying the wrong thing can jeopardize employment even before you step into court.

7. Identify Whether You Need an Ignition Interlock Device Immediately

Depending on your breath test result or refusal, you may have only 30 days to choose between:

  • Installing an ignition interlock, or
  • Requesting an MVA hearing

Choosing the wrong option can lead to months of unnecessary hardship—or even criminal consequences.

Ignition interlock rules in Maryland can be confusing, but a lawyer can analyze whether:

  • Interlock protects you from harsher penalties
  • The MVA will require you to install it anyway
  • A hearing gives you a better chance at avoiding restrictions

The first 24 hours are when this decision must be made strategically—not emotionally.

8. The Immediate Consequences You’re Facing (Most People Don’t Realize the Severity)

Beyond the court case, a DUI arrest triggers a chain reaction:

Employment Barriers

Many employers run background checks—even for internal promotions.

Security Clearances

A DUI investigation alone can trigger a review.

Professional Licenses

Teachers, nurses, federal workers, and others face mandatory reporting.

Travel Restrictions

Canada may deny entry for DUI-related convictions.

Financial Impact

Towing fees, storage costs, attorney fees, MVA fees, and interlock fees accumulate quickly.

All of this starts before you even appear in court, which is why early intervention is critical.

9. Contact a Maryland DUI Lawyer—Not Tomorrow, Not Next Week, But Today

A DUI case is one of the few criminal charges where evidence starts disappearing almost immediately:

  • Dash-cam recordings can be overwritten
  • Body-cam footage may not be preserved unless requested
  • Surveillance video from nearby businesses is deleted after 24–48 hours
  • Witness memories fade
  • Breathalyzer maintenance logs can be lost

A lawyer can file preservation requests the same day you contact them.

Waiting even 48 hours can be the difference between a strong defense and a weak one.

10. Prepare for Your First Consultation: These Are the Documents You Need

To help your lawyer evaluate the case quickly, gather:

  • DR-15 or DR-15A form
  • Paper citation(s)
  • Temporary license
  • Bail documents
  • Tow-receipt (if applicable)
  • Notes you wrote about the traffic stop
  • Any medical conditions that may affect field sobriety tests

The more information you have ready, the faster your defense strategy can begin.

11. Start Planning Your Defense Before the Court Does

If you think the prosecutor starts building the case right away, you’re wrong.
In many counties, the State’s Attorney doesn’t start reviewing DUI cases for weeks.

That means the first person to build the case wins.

Your lawyer can begin analyzing weaknesses immediately, including:

Traffic Stop Legality

Was there reasonable suspicion to pull you over?

Field Sobriety Test Validity

Were instructions clear?
Was the ground uneven?
Were you wearing improper footwear?

Breath Test Issues

Was the machine calibrated?
Did the officer follow the 20-minute observation rule?
Are there maintenance logs showing prior malfunctions?

Medical or Physical Factors

Do you have conditions that mimic impairment?
GERD, fatigue, injuries, and anxiety all affect test performance.

Every minute that passes without legal action is a missed opportunity.

12. Do Not Assume the Case Is “Unbeatable”—Maryland DUI Cases Are Frequently Reduced or Dismissed

Drivers often believe breath tests or officer testimony is impossible to challenge.
But in reality:

  • Machines malfunction
  • Officers misinterpret behavior
  • Field sobriety tests are subjective
  • Dash-cam footage exposes inconsistencies
  • Roadside conditions invalidate tests
  • Police fail to follow standardized procedures

Over the past decade, thousands of Maryland DUI charges have been reduced, negotiated down to PBJ, or dismissed entirely.

Your case may be one of them—but only if you act fast.

13. Take Care of Your Mental and Emotional Health

A DUI arrest is traumatic.
Shame, fear, and anxiety can spiral in the hours afterward.

What you should know:
You’re not alone.
Many people who are arrested for DUI are good, hardworking adults who made a split-second mistake—or were wrongly accused.

What matters now is not the mistake—but your next step.

14. The Most Important Rule: The Next 24 Hours Determine the Rest of Your Case

If you only remember one thing from this guide, let it be this:

The first 24 hours are your only chance to take control of the case.

After that, you’re simply reacting to what the prosecution does.

A DUI lawyer protects:

  • Your license
  • Your record
  • Your professional future
  • Your immigration status
  • Your security clearance
  • Your peace of mind

But only if you contact them quickly enough to make a difference.

FAQ: Your Most Urgent Questions Answered

1. Will I go to jail after my first DUI in Maryland?

Jail is possible but not automatic. Many first-time offenders receive PBJ or reduced penalties if they act quickly and work with an experienced DUI lawyer.

2. Should I request an MVA hearing or choose ignition interlock?

It depends on your BAC, refusal status, prior history, and employment. A lawyer can determine the safest strategy within minutes.

3. Can my DUI be dismissed?

Yes. Cases are dismissed regularly due to errors in the traffic stop, field tests, breath tests, or procedure—especially if evidence is preserved immediately.

4. Will my employer find out?

Most employers won’t know unless your job requires disclosure. However, court records are public, and background checks may reveal charges.

5. Should I talk to the police or prosecutor?

Absolutely not. Anything you say—even “off the record”—can be used against you.

6. What should I do first when I get home after the arrest?

Write down everything you remember, secure your paperwork, and contact a DUI lawyer before making any other decisions.