Quick answer: A DUI or DWI charge in Annapolis is really two cases running at once — the criminal case in the District or Circuit Court for Anne Arundel County, and a separate Maryland MVA action against your license that starts the day you’re stopped. You have just 10 days to request the MVA hearing that protects your right to drive, so an Annapolis DUI lawyer is most useful in the first days after an arrest, before deadlines pass and options close.
I’m David Waranch, and I’ve handled thousands of Maryland DUI and traffic cases, including many in Anne Arundel County. Here’s how the law actually works and what to do first.
What Counts as DUI vs. DWI in Maryland?
Maryland charges two main alcohol offenses under Md. Code, Transp. § 21-902, and the difference matters. DUI — driving under the influence, § 21-902(a) — is the more serious charge. It applies when your blood or breath alcohol concentration is 0.08 or more (that’s “per se” DUI, no proof of bad driving required) or when the State proves you were actually under the influence. DWI — driving while impaired, § 21-902(b) — is the lesser charge for a smaller degree of impairment.
The number on the machine drives the presumptions. Under Cts. & Jud. Proc. § 10-307, a result of 0.05 or less is presumed not impaired; a result of at least 0.07 but under 0.08 is prima facie evidence of DWI; and 0.08 or more makes you “under the influence per se.” A reading of 0.15 or more triggers the toughest license path and mandatory ignition interlock to keep driving.
“If at the time of testing a person has an alcohol concentration of 0.08 or more … the person shall be considered under the influence of alcohol per se.” — Cts. & Jud. Proc. § 10-307(g)
Here’s what each charge carries on conviction. The fine and jail figures are statutory maximums; a first offense rarely ends at the top of the range, but the exposure is real and a judge can impose it.
| Charge | Max jail | Max fine | Points |
|---|---|---|---|
| DUI § 21-902(a) — 1st offense | 1 year | $1,200 | 12 |
| DUI § 21-902(a) — 2nd offense | 2 years (min. 5 days) | $2,400 | 12 |
| DWI § 21-902(b) — 1st offense | 2 months | $500 | 8 |
| DWI § 21-902(b) — 2nd offense | 1 year | $500 | 8 |
Twelve points is enough for the MVA to move toward revocation; eight points is enough for suspension. A second DUI within five years of a prior carries a mandatory minimum of five days in jail that a judge cannot suspend. These are must-appear charges — you cannot prepay a DUI or DWI citation the way you would a minor payable ticket, and there is no “just pay it and move on” option here.
How Long Will the MVA Suspend My License?
This is the part clients underestimate. The MVA case under Transp. § 16-205.1 is completely separate from the criminal charge, and it moves faster. When you fail a test at 0.08 or more, or refuse one, the officer takes your Maryland license, hands you an order of suspension, and issues a 45-day temporary license. The clock starts immediately.
| Test result / refusal | 1st offense | 2nd or subsequent |
|---|---|---|
| 0.08 to under 0.15 | 180 days | 180 days |
| 0.15 or more | 180 days (interlock to drive) | 270 days |
| Refused the test | 270 days | 2 years |
You have two ways to respond. You can request a hearing before an administrative law judge, or you can elect the Ignition Interlock System Program instead — 180 days on the device for a 0.08 to 0.14 result, one year for 0.15 or more, and one year for a refusal. If your result was between 0.08 and under 0.15, the MVA can also grant a restricted license for work, school, treatment, or medical needs. Drivers at 0.15 or more, and drivers who refused, can only keep driving through interlock.
The 10-day deadline is the one people miss. To keep your temporary license and preserve every option, you must request the MVA hearing within 10 days of the stop. You can still request a hearing up to 30 days out, but a late request will not extend your 45-day temporary license — meaning you could be off the road before the hearing. Winning or resolving the criminal case does not undo an MVA suspension; the two are decided independently.
Can I Get Probation Before Judgment (PBJ)?
Often, yes — and for a first offense it’s frequently the goal. Probation before judgment under Crim. Proc. § 6-220 lets the court withhold a conviction and place you on probation instead. Complete the probation and there is no conviction and no points on your record. For a DUI, the court will usually attach conditions such as an alcohol assessment, a treatment or education program, and sometimes interlock.
There is a hard limit. Under § 6-220(f)(1), a judge may not grant PBJ for a § 21-902 offense if, within the preceding 10 years, you were convicted of — or already received a PBJ for — a § 21-902 offense. A DUI PBJ also carries a long shadow: it cannot be expunged for 15 years, and it still counts as a prior for the five-year subsequent-offender rules. It’s valuable, but it isn’t a clean slate, and it’s foreclosed once you plead guilty. If you want the full breakdown, see our guides on DUI plea options and PBJ and first-offense DUI penalties.
How an Annapolis DUI Lawyer Builds Your Defense
No two DUI stops are the same, so the defense starts by reading behind the police report. In Anne Arundel County, a lot of stops happen along the busy corridors — US-50/301 heading to and from the Bay Bridge, MD-2 (Ritchie Highway) through Glen Burnie and Severna Park, and the streets around downtown Annapolis on weekend nights. Each stop has to be lawful, and each test has to be done right.
The questions I ask on every case: Did the officer have a lawful reason to stop the car? Were the field sobriety tests given and scored the way NHTSA requires? Was the breath machine calibrated, maintained, and operated by a certified technician, with the paperwork to prove it? Do the bodycam and dashcam recordings actually match what the report claims? A weak link in any of those can change the charge, the plea, or the outcome. Sometimes the answer is a trial and a not-guilty verdict; often it’s a negotiated result — a reduction to DWI, a PBJ, or a resolution that protects your license and record as much as possible.
Because a DUI is two cases, I work both tracks at once — the criminal case in court and the license case at the MVA per se hearing. If you refused, know that refusal has its own consequences before you ever get to trial; our page on refusing a breathalyzer in Maryland walks through them. Commercial drivers face extra exposure — a DUI can disqualify a CDL even when you were in your personal car — so if you hold a CDL, read how DUI affects commercial licenses. And because points drive the MVA’s response, it helps to understand Maryland’s point system before you decide how to plead.
Annapolis and Anne Arundel County DUI Cases We Handle
Annapolis is the county seat and the state capital, and DUI cases here are heard in the District Court of Maryland for Anne Arundel County, or in the Circuit Court for Anne Arundel County when there’s a jury trial or a more serious charge. We represent drivers across the county — Annapolis, Glen Burnie, Severna Park, Pasadena, Crofton, Odenton, and Arnold among them — on DUI, DWI, and the related charges that often ride along with them.
That includes the offenses that frequently follow an alcohol stop: driving while suspended, bench warrants for missed dates, and CDL exposure. For traffic matters beyond a DUI, our Anne Arundel County traffic lawyer page covers the broader picture. If your city isn’t listed and your case is in Anne Arundel County or nearby, reach out — we most likely handle it.
It depends on the test. A breath or blood result of 0.08 to under 0.15 carries a 180-day MVA suspension for a first offense. A result of 0.15 or more still starts at 180 days but requires ignition interlock to keep driving, and a test refusal brings 270 days for a first offense or 2 years for a second. You have only 10 days from the stop to request an MVA hearing and protect your driving privilege.
Most first-offense DUI and DWI cases are heard in the District Court of Maryland for Anne Arundel County in Annapolis. If you request a jury trial, or the charge is more serious, the case moves to the Circuit Court for Anne Arundel County. The separate MVA license case is decided by an administrative law judge, not the criminal court.
Often yes. Under Criminal Procedure Section 6-220 a court can grant PBJ so no conviction and no points go on your record. But it is barred if you were convicted of, or received a PBJ for, a Section 21-902 offense within the previous 10 years. A DUI PBJ usually comes with probation conditions and cannot be expunged for 15 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; Transp. § 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.