Maryland DUI / DWI Court Process

There are two separate cases that will be filed following an arrest for a Maryland DUI / DWI. A criminal charge through the state court system will be filed, as well as an administrative civil case through the MVA. The information below is a general overview of the criminal court process that occurs following an arrest for DUI/DWI in the state of Maryland. For more information on the civil administrative process, see the article about Maryland DUI license suspensions.

Maryland DUI Pretrial Motions In Criminal Court

Defense attorneys wishing to address certain issues prior to trial may file a motion with the court. A hearing on the motion will be held. The most common defense motion in a DUI/DWI case is the suppression of certain evidence, such as chemical test results. If successful, the judge will grant the motion and the evidence will not be admissible at trial.

DUI / DWI Trials In Maryland

DWI / DUI defendants are entitled to a jury trial. At the trial, a judge will preside over the case and instruct the jury on how to determine issues of fact. If a guilty verdict is returned, a sentence will be imposed. Defendants who are found guilty following a jury trial may appeal to higher courts for review. Failure to timely request an appeal will result in the "waiver" of the right for review. If the jury at trial returns a verdict of not guilty, the case and all charges will be dismissed.