Quick answer: A first-offense DUI in Charles County is a must-appear criminal charge under Maryland Transportation § 21-902 that can bring up to 1 year in jail, a $1,200 fine, and 12 points on your license. It also triggers a completely separate MVA case that can suspend your license on its own, and you have only 10 days from the arrest to request the hearing that protects it. A Charles County DUI lawyer can challenge the stop, the testing, and both cases at the same time.
I’m David Waranch, and I’ve handled thousands of Maryland DUI, DWI, and serious traffic cases. My office regularly appears in the District and Circuit Court in La Plata, defending charges that come out of stops on US-301, MD-5, and MD-210 (Indian Head Highway). Here is exactly what you are facing in Charles County and how a defense actually works.
What Are the Penalties for a DUI or DWI in Charles County?
Maryland charges two separate alcohol offenses under Md. Code, Transp. § 21-902. DUI (driving under the influence) is the more serious of the two and applies when your breath or blood test reads 0.08 or higher or when the State proves you were actually under the influence. DWI (driving while impaired) covers a lesser degree of impairment. The difference matters, because the maximum jail, fine, and points are very different, and a common goal in a first-offense case is to negotiate a DUI down to the less damaging DWI.
| Charge | First offense (maximum) | Points | Second offense (maximum) |
|---|---|---|---|
| DUI — Transp. § 21-902(a) | 1 year jail / $1,200 fine | 12 | 2 years / $2,400 (min. 5 days in jail) |
| DWI — Transp. § 21-902(b) | 2 months jail / $500 fine | 8 | 1 year / $500 |
Those are statutory maximums, not what a first-time client automatically receives. A second DUI within five years, though, carries a mandatory minimum of 5 days in jail that a judge cannot suspend, so prior history changes the picture fast. DUI and DWI are also must-appear charges. There is no box to check and no fine to pay by mail that makes this go away. You have to show up, and everything you decide at that first appearance follows you, so it is worth having counsel before you walk in.
How Does Maryland Decide If You Were Impaired?
Maryland ties the charge to your test result through a graduated scale in Cts. & Jud. Proc. § 10-307. A reading of 0.05 or less is presumed not impaired. A reading of at least 0.07 but under 0.08 is prima facie evidence of DWI. A reading of 0.08 or more makes you “under the influence per se,” which means the number alone can support a DUI conviction without any other proof of bad driving. A result of 0.15 or higher pushes you onto a tougher administrative track with mandatory ignition interlock.
That per se rule is why the breath and blood evidence is often the whole case. It is also why the machine, the operator’s certification, and the calibration records are worth attacking. If the test is thrown out or its reliability is undercut, the State is left proving impairment the old-fashioned way, from the officer’s observations and the field sobriety tests, which are far more open to challenge.
What Happens to My License With the MVA?
Your DUI arrest starts two cases, not one. The criminal case decides guilt and punishment in court. The administrative case, run by the MVA under Transp. § 16-205.1, decides only whether you keep driving, and it runs on its own timeline no matter what happens in court. When you test 0.08 or higher or refuse the test, the officer takes your Maryland license and hands you a paper that works as a 45-day temporary license. The clock starts there.
Do not let the 10-day window close. Even if your criminal charge is later reduced or dismissed, the MVA can still suspend your license on its own. If you do not request the MVA hearing within 10 days of the arrest, the suspension takes effect automatically when the temporary license expires. You have up to 30 days to request, but only a request within 10 days protects your right to keep driving in the meantime.
The length of the suspension depends on the number. Requesting the hearing is often the single most important early step, and it is also where you decide between fighting the suspension and electing the Ignition Interlock Program to keep driving. I walk clients through that choice and represent them at the MVA per se hearing so the driving-privilege side of the case does not get lost while the court case plays out.
| What triggered it (first offense) | MVA suspension | Keep driving? |
|---|---|---|
| Test 0.08 to 0.14 | 180 days | Restricted license or interlock may be available |
| Test 0.15 or higher | 180 days | Ignition interlock for 1 year only |
| Refused the test | 270 days (2 years for a second refusal) | Ignition interlock for 1 year only |
Refusing the breath test is a decision with real consequences on the MVA side, and it is not the automatic win people expect. If you are weighing whether refusal helped or hurt you, read our plain-English guide on whether you can refuse a breathalyzer in Maryland.
Can I Get Probation Before Judgment (PBJ) for a DUI?
For many first offenses, yes, and it is a meaningful result. A probation before judgment under Crim. Proc. § 6-220 is not a conviction, so it adds no points and keeps a “convicted of DUI” answer off the record. In exchange the court imposes probation, and for a § 21-902 case that almost always includes an alcohol program and can include ignition interlock.
There is a hard limit. Under § 6-220(f)(1), a court cannot grant a PBJ for a DUI if within the preceding 10 years you were convicted of, or already received a PBJ for, a § 21-902 offense. And a PBJ is not the same as an expungement: a DUI PBJ carries a 15-year wait before you can even ask to have the record removed. It is still worth pursuing, with a clear picture of what it does and does not do. We compare it against every other route in our overview of DUI plea options and PBJ in Maryland, with a deeper look in our guide to PBJs for drunk driving cases.
How a Charles County DUI Lawyer Builds Your Defense
No two DUI cases are the same, so the first job is finding where the State’s case is weakest. I look hard at the reason for the stop, because a stop without a lawful basis can knock out everything that followed. I check whether the standardized field sobriety tests were given the way the training manual requires, since small deviations change the results. I go through the breath or blood evidence for calibration, maintenance, and operator problems. And I compare the written report against the bodycam, because the video often tells a different story than the paperwork.
Charles County District Court cases are heard in La Plata, and requesting a jury trial moves the case to the Circuit Court in La Plata. Because a DUI reaches well past the courtroom, I also handle the fallout: professional licenses, security clearances, and commercial drivers who face losing a CDL over a personal DUI. If your license is already in trouble from a suspension or a missed date, I can help there too. For the full range of what we defend locally, see our Charles County traffic lawyer page, and for how the two-track system works statewide, our Maryland DUI lawyer hub.
We represent drivers across the county, from La Plata and Waldorf to White Plains, Indian Head, and Bryans Road, whether the stop happened on US-301, MD-5, or MD-210. The sooner you call, the more options stay open.
Charles County DUI FAQ
A first DUI under Transportation section 21-902(a) carries a fine of up to $1,200 and up to one year in jail, plus 12 points. A first DWI under section 21-902(b) carries up to $500 and up to two months. Both are must-appear charges, not payable tickets you can settle by mail.
Not automatically. You get a 45-day temporary license, and you have 10 days to request an MVA hearing to fight the suspension or to elect the Ignition Interlock Program. A first test result of 0.08 to 0.14 means a 180-day suspension; a refusal means 270 days.
Often yes for a first offense. A PBJ avoids a conviction and adds no points, but under Criminal Procedure section 6-220 a court cannot grant it if you were convicted of, or received a PBJ for, a 21-902 offense within the preceding 10 years.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. § 21-902, § 16-205.1; Cts. & Jud. Proc. § 10-307; Crim. Proc. § 6-220. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.