A DUI arrest sets a legal process in motion whether or not you feel ready for it. Knowing what actually happens from the moment you’re pulled over through your day in court makes it easier to make good decisions at each stage instead of reactive ones. This guide walks through that process in order.
If you’re looking for exact deadlines rather than the full explanation, see our Maryland DUI arrest timeline. The distinction between your criminal case and your license case is covered further down and in more depth in our dedicated guide, linked there.
Stage One: The Traffic Stop
Most DUI cases start with an ordinary reason for being pulled over a broken taillight, a rolling stop, speeding not necessarily suspected impaired driving. What happens next is what turns a traffic stop into a DUI investigation.
What the officer is looking for: slurred speech, the smell of alcohol, admissions (“I had a couple of beers”), and physical coordination during field sobriety tests (the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test).
Field sobriety tests are voluntary in Maryland. You can decline them without it being a separate offense, though the officer can still arrest you based on other observations. Declining doesn’t guarantee you avoid arrest it just means there’s less standardized test data working against you later.
The breathalyzer at the roadside is different from the one at the station. The handheld device used roadside is a preliminary screening tool and its result generally isn’t admissible in court. The evidentiary breath test happens back at the station or a testing facility, and refusing that one triggers Maryland’s implied consent penalties a separate administrative suspension from anything tied to a conviction.
Stage Two: Arrest and the First 24 Hours
Once you’re arrested, a few things happen quickly, and a few decisions in this window matter more than people expect.
You’ll be booked, which typically means fingerprints, a photograph, and a temporary hold until you’re released on your own recognizance, post bail, or see a commissioner for a bail review.
Your license is confiscated if you tested at .08 or above, or refused testing you’ll be issued a temporary paper license valid for a limited period while the administrative case against your license proceeds separately from the criminal charge.
What to do in this window:
- Say as little as possible about the facts of the stop, including to friends, family by phone, or on social media. Anything you say can surface later, and social media posts have been used as evidence in DUI cases.
- Write down what you remember about the stop while it’s fresh — the reason given for the stop, what tests you were asked to do, exact wording of what was said to you. Memory fades fast, and small details sometimes matter.
- Contact an attorney before your first court date, not after. The 10-day window to request an MVA hearing starts running immediately, and it’s easy to lose track of it while focused on the criminal side.
Stage Three: Two Cases Running in Parallel
This is the part that surprises people most: a DUI arrest in Maryland creates a criminal case and an administrative license case at the same time, decided by two different authorities on two different tracks. Winning one doesn’t automatically resolve the other. We cover this in detail in our guide to the MVA hearing vs. the criminal case — the short version is that you need to actively request your MVA hearing within 10 days regardless of how your criminal case looks, or the suspension takes effect on its own.
Stage Four: Arraignment and Discovery
Your first appearance in District Court is the arraignment, where the charges are formally read and you enter a plea almost always not guilty at this stage, with a future date set for the case to proceed. Little is actually decided here.
In the weeks that follow, your attorney requests discovery: the officer’s written report, breath or blood test results, calibration and maintenance records for the testing device, and any dashcam or bodycam footage. This is where potential problems with the state’s case a test administered incorrectly, an unlawful basis for the stop, a broken chain of custody typically get identified.
Stage Five: Negotiation or Trial
Most Maryland DUI cases are resolved through negotiation rather than trial. Depending on the strength of the evidence and the circumstances, that can mean a reduced charge, Probation Before Judgment (PBJ) which allows first-time offenders to avoid a conviction on their record if probation terms are met or, where the evidence doesn’t hold up, dismissal. Cases that do go to trial are heard in District Court (without a jury, unless you request a jury trial and the case is transferred to Circuit Court) or Circuit Court directly for certain charges.
Stage Six: The Court Hearing Itself
When your case reaches a substantive hearing, expect the proceeding to cover: the state presenting its evidence (officer testimony, test results), your attorney’s opportunity to challenge that evidence, and if the case proceeds to that point a ruling or negotiated resolution. Dress and conduct matter more than people expect; judges and hearing officers are also assessing how you present yourself as part of the broader picture.
What Comes Next
Once your criminal case and MVA case are both resolved, what follows depends on the outcome — probation terms, an ignition interlock requirement, license reinstatement steps, or in some cases, next steps for an appeal.
Talk to a Maryland DUI Attorney Early
The earlier an attorney is involved, the more of this process they can actually influence — particularly the 10-day MVA deadline and the discovery phase, where early requests for evidence matter. If you’re facing a DUI charge in Maryland, our Maryland DUI defense attorneys can walk you through what to expect based on your specific circumstances.
About the Author
Richard A. Finci has practiced criminal and traffic law in Maryland since 1984. He is a former President of the Maryland Criminal Defense Attorney Association and former Chair of the Criminal Law Section of the Maryland State Bar Association. Rick has been selected to the Super Lawyers® list for Maryland and the District of Columbia, and has testified before the Maryland State Legislature on criminal law policy. View full attorney profile →it typically begins when a law enforcement officer suspects impairment during a traffic stop. Field sobriety tests or breathalyzer exams are often conducted to determine intoxication levels.
Once the officer determines there’s probable cause, the individual is arrested for DUI and taken to the local police station or jail for booking. This is a critical moment, as everything that follows can significantly impact a person’s criminal record and future.
ch, and other signs of impairment. It’s important to know that DUI arrests don’t solely rely on chemical testing subjective observations can also lead to charges.