Posted in DUI
A DUI arrest in Maryland starts two separate processes, one in criminal court and one with the Motor Vehicle Administration. Knowing how each works helps you make better decisions early. If you have been charged, speak with a DUI lawyer promptly to protect your rights and your license.
What is the difference between a DUI and a DWI?
Maryland is one of the few states that treats these as separate charges. Under Maryland Transportation Code 21-902, a DUI means driving under the influence, the more serious offense, generally tied to a breath result of 0.08 or higher. A DWI, driving while impaired, is the lesser charge for a lower level of impairment. A first DUI carries up to a year in jail, a first DWI up to two months. Reducing a DUI to a DWI is a common defense goal.
When should I contact a DUI lawyer after an arrest?
After a DUI arrest, you generally have only 10 days to act if you want to keep driving while your case is pending. You can request a hearing with the MVA up to 30 days out, but waiting past day 10 can create a gap in your driving privileges. A lawyer can file the request, prepare for the hearing, and start your defense before these deadlines pass.
Who decides whether my license gets suspended?
That decision rests with the Maryland Motor Vehicle Administration, not the criminal court. The two run on separate tracks. Your license can be suspended through the MVA even if your criminal charge is later reduced or dismissed, because each process answers a different question. At the administrative hearing, a judge reviews the arrest paperwork and any test results. A lawyer can challenge that evidence and argue for keeping your license, or for a restricted one if a suspension stands.
Why do I need a lawyer for a first DUI?
Even a first offense carries jail exposure, fines, points, and a lasting record, and the rules are easy to get wrong. A lawyer can question the traffic stop, the field sobriety tests, and the breath or blood evidence, and can pursue options like probation before judgment where it fits. Cohen & Cohen represents clients throughout Maryland, Virginia, and Washington DC, and handles both the court case and the license side of a charge.
Where will my DUI case be heard?
Maryland DUI charges are heard in the District Court for the county where the stop happened. For a College Park arrest, that means Prince George’s County. The separate license matter goes before the Office of Administrative Hearings instead. Because the two move on different timelines, guidance from a College Park, MD DUI lawyer early on helps you keep both on track.
Contact a DUI Lawyer
The attorneys at Cohen & Cohen handle DUI matters in Maryland courts and the MVA process and can review your situation and explain your options. If you are facing a charge, reach out to speak with the team before your deadlines pass.
