Personal Attention.
Aggressive Defense.

Photo of Thomas C. Mooney

Driving immediately after a DUI arrest leads to more trouble

On Behalf of | Sep 8, 2023 | Drunk Driving

If a driver is charged with driving under the influence (DUI) on a public road in Maryland, the officer who gave the charge can arrest the driver and take them back to the station.

The officer will confiscate the driver’s license and issue a temporary one. The driver will also receive an order of suspension, which explains that the license suspension procedure will push through unless they request an administrative hearing.

But even if a driver receives a temporary license while they await their DUI hearing, they shouldn’t try to drive immediately after their arrest. Maryland has a law that expressly forbids this, and violators face additional penalties.

State law on driving after DUI arrest

Per Maryland law, DUI arrestees are prohibited from operating any motor vehicle within 12 hours of their arrest. This law can apply either to those arrested after failing a blood/breath alcohol test or arrested for causing a life-threatening injury while driving drunk.

Penalties for offending arrestees

If a court convicts a driver of driving after an arrest for a DUI violation, the driver must serve up to two months in jail and pay a maximum fine of $500. These penalties can combine with the ones the driver faces for their DUI case, resulting in heavier fines and longer imprisonment periods.

Drivers should tackle their DUI cases calmly

Waiting for 12 hours at a police station unable to drive might not be ideal for some drivers. Arrestees may have to arrange for alternative transportation with the help of a friend or loved one if they’re done processing DUI documents at the station. However, some municipalities can book drivers arrested for DUI into jail for a night, which can fulfill the 12-hour restriction.

But regardless of how a station handles a driver’s DUI arrest, the motorist shouldn’t attempt to drive away immediately. Instead, drivers should consider their legal options if they want to contest their DUI charge.