Understanding the Administrative vs. Criminal DUI Process in Maryland

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If you’re arrested for DUI in Maryland, you’re not just facing a single legal challenge. In reality, DUI charges trigger two separate proceedings:

  • A criminal case in court, where you face potential jail time, fines, and a permanent record
  • An administrative case with the Maryland Motor Vehicle Administration (MVA), where your driver’s license is at stake

At Hartman Attorneys at Law, we help individuals in Annapolis and throughout Anne Arundel County navigate both sides of the DUI process. Led by former prosecutor Christian Hartman, we provide aggressive representation to protect your rights in court and preserve your driving privileges through the MVA.

Here’s what you need to know about each track—and the steps you should take right away.

Track 1: The Criminal DUI Case

Where it happens:

  • District Court in the county where you were arrested (e.g., Annapolis District Court)

What’s at stake:

  • Jail time (up to one year for a first offense)
  • Fines (up to $1,000 or more)
  • Probation
  • Permanent criminal record
  • Court-ordered alcohol treatment or education: Impact on employment, security clearances, or professional licenses

The prosecutor (Assistant State’s Attorney) must prove beyond a reasonable doubt that you were driving under the influence (BAC of 0.08% or more) or impaired (DWI). Evidence often includes:

  • Officer testimony
  • Field sobriety test results
  • Breath or blood test results
  • Bodycam or dashcam footage

At Hartman Attorneys at Law, we challenge every step of this process—from the traffic stop itself to the reliability of chemical testing—to reduce or eliminate your charges.

Track 2: The MVA Administrative Process

Where it happens:

  • An Office of Administrative Hearings (OAH)—not in criminal court

What’s at stake:

  • Suspension or revocation of your Maryland driver’s license
  • Required use of an ignition interlock device (IID)
  • Points on your license
  • Fees and reinstatement costs

This process begins immediately after your arrest. If you refused a chemical test or blew over 0.08%, the officer likely gave you an MVA Order of Suspension (Form DR-15A). You only have 30 days to request a hearing, and only 10 days to stop the suspension from going into effect automatically.

Administrative Penalties Based on Test Results

BAC of 0.08–0.14%

  • 180-day suspension for a first offense
  • May be eligible for a restricted license (work, school, medical)

BAC of 0.15% or higher OR test refusal

  • 180-day suspension or mandatory ignition interlock device for one year
  • No restricted license option if you refuse the test

The MVA hearing focuses only on your driving privileges, not guilt or innocence. But the outcome can still have major consequences, especially if you rely on your license for work or family responsibilities.

Practical Steps to Protect Yourself After a DUI Arrest

Step 1: Contact an Attorney Immediately

Time matters. Contact a defense attorney with DUI experience right away to preserve your options for both court and MVA hearings.

Step 2: Request an MVA Hearing Within 10 Days

To avoid automatic license suspension, you must file a hearing request within 10 days of the notice (Form DR-15A). We can handle this on your behalf.

Step 3: Gather Evidence Quickly

We’ll review police reports, dashcam footage, and test results to determine what defenses apply and how to build your case.

Step 4: Prepare for Both Proceedings

We represent you in both arenas—criminal court and MVA hearings—ensuring consistent, strategic advocacy across the board.

Why Hire Hartman Attorneys at Law?

As a former prosecutor, Attorney Christian Hartman has extensive knowledge of how DUI cases are charged, negotiated, and tried. He also understands how MVA hearings are handled and how to use each process to your advantage.

Clients trust us because we offer:

  • Direct access to your attorney
  • 24/7 availability for urgent questions or arrests
  • Detailed case analysis and customized defense strategies
  • Representation in Annapolis, Glen Burnie, and throughout Maryland

We don’t just show up—we show up ready to fight.

Facing DUI Charges in Maryland? Let’s Protect Your License and Record.

A DUI arrest sets two legal processes in motion—and both can upend your life if you’re not prepared. Let us help you take control of your defense and protect what matters most.

Contact Hartman Attorneys at Law today for a free consultation. We’re ready to defend you in court and at the MVA hearing—before the damage is done.

Understanding the Administrative vs. Criminal DUI Process in Maryland

If you’re arrested for DUI in Maryland, you’re not just facing a single legal challenge. In reality, DUI charges trigger two separate proceedings:

  • A criminal case in court, where you face potential jail time, fines, and a permanent record
  • An administrative case with the Maryland Motor Vehicle Administration (MVA), where your driver’s license is at stake

At Hartman Attorneys at Law, we help individuals in Annapolis and throughout Anne Arundel County navigate both sides of the DUI process. Led by former prosecutor Christian Hartman, we provide aggressive representation to protect your rights in court and preserve your driving privileges through the MVA.

Here’s what you need to know about each track—and the steps you should take right away.

Track 1: The Criminal DUI Case

Where it happens:

  • District Court in the county where you were arrested (e.g., Annapolis District Court)

What’s at stake:

  • Jail time (up to one year for a first offense)
  • Fines (up to $1,000 or more)
  • Probation
  • Permanent criminal record
  • Court-ordered alcohol treatment or education: Impact on employment, security clearances, or professional licenses

The prosecutor (Assistant State’s Attorney) must prove beyond a reasonable doubt that you were driving under the influence (BAC of 0.08% or more) or impaired (DWI). Evidence often includes:

  • Officer testimony
  • Field sobriety test results
  • Breath or blood test results
  • Bodycam or dashcam footage

At Hartman Attorneys at Law, we challenge every step of this process—from the traffic stop itself to the reliability of chemical testing—to reduce or eliminate your charges.

Track 2: The MVA Administrative Process

Where it happens:

  • An Office of Administrative Hearings (OAH)—not in criminal court

What’s at stake:

  • Suspension or revocation of your Maryland driver’s license
  • Required use of an ignition interlock device (IID)
  • Points on your license
  • Fees and reinstatement costs

This process begins immediately after your arrest. If you refused a chemical test or blew over 0.08%, the officer likely gave you an MVA Order of Suspension (Form DR-15A). You only have 30 days to request a hearing, and only 10 days to stop the suspension from going into effect automatically.

Administrative Penalties Based on Test Results

BAC of 0.08–0.14%

  • 180-day suspension for a first offense
  • May be eligible for a restricted license (work, school, medical)

BAC of 0.15% or higher OR test refusal

  • 180-day suspension or mandatory ignition interlock device for one year
  • No restricted license option if you refuse the test

The MVA hearing focuses only on your driving privileges, not guilt or innocence. But the outcome can still have major consequences, especially if you rely on your license for work or family responsibilities.

Practical Steps to Protect Yourself After a DUI Arrest

Step 1: Contact an Attorney Immediately

Time matters. Contact a defense attorney with DUI experience right away to preserve your options for both court and MVA hearings.

Step 2: Request an MVA Hearing Within 10 Days

To avoid automatic license suspension, you must file a hearing request within 10 days of the notice (Form DR-15A). We can handle this on your behalf.

Step 3: Gather Evidence Quickly

We’ll review police reports, dashcam footage, and test results to determine what defenses apply and how to build your case.

Step 4: Prepare for Both Proceedings

We represent you in both arenas—criminal court and MVA hearings—ensuring consistent, strategic advocacy across the board.

Why Hire Hartman Attorneys at Law?

As a former prosecutor, Attorney Christian Hartman has extensive knowledge of how DUI cases are charged, negotiated, and tried. He also understands how MVA hearings are handled and how to use each process to your advantage.

Clients trust us because we offer:

  • Direct access to your attorney
  • 24/7 availability for urgent questions or arrests
  • Detailed case analysis and customized defense strategies
  • Representation in Annapolis, Glen Burnie, and throughout Maryland

We don’t just show up—we show up ready to fight.

Facing DUI Charges in Maryland? Let’s Protect Your License and Record.

A DUI arrest sets two legal processes in motion—and both can upend your life if you’re not prepared. Let us help you take control of your defense and protect what matters most.

Contact Hartman Attorneys at Law today for a free consultation. We’re ready to defend you in court and at the MVA hearing—before the damage is done.

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