Can I Drive While My DUI Case Is Pending?

 Posted on February 11, 2026 in DUI

If you were arrested for DUI in Montgomery County in 2026, one of your first concerns is probably whether you can still drive. After all, you still need to get to work, take your children to school, and handle everyday responsibilities. The answer depends on several factors, including whether you took a breath test, the results of that test, and whether you requested a hearing with the Maryland Motor Vehicle Administration.

Our Silver Spring criminal defense attorney helps our clients get through the legal system with warmth and compassion while fighting for the best possible outcome. Call us today at 301-589-9500.

What Happens to Your License Immediately After a DUI Arrest?

When a Maryland police officer arrests you for DUI or DWI, the officer will take your physical driver's license. In its place, you receive a temporary paper license. This document is officially called an Officer's Certification and Order of Suspension.

The temporary paper license allows you to drive legally for 45 days from the date of your arrest. This gives you time to request a hearing and organize your defense. However, on the 46th day, your license will be suspended unless you take action to challenge the suspension.

Under Maryland law under Transportation Section 16-205.1, the suspension period depends on whether you took the breath test and your blood alcohol concentration. If you refused the test, you face a longer suspension than if you took the test and failed it.

How Can You Keep Driving After the 45-Day Temporary License Expires?

You have the right to request an administrative hearing with the Maryland Office of Administrative Hearings. This hearing is separate from your criminal DUI case. The MVA hearing only deals with whether you can keep your driving privileges, not whether you are guilty.

The 10-Day Rule

If you want to guarantee that your driving privileges continue without interruption until your hearing date, you must request the hearing within 10 days of your arrest. If you meet this deadline, your temporary license extends until your MVA hearing takes place.

If you request a hearing after 10 days but within 30 days of your arrest, you will still get a hearing. However, your temporary license may not be extended. This means your license could be suspended on the 46th day, even though your hearing has not happened yet. After 30 days, the MVA may not grant you a hearing at all.

What Happens at the MVA Hearing

The MVA hearing takes place before an administrative law judge. This is a civil proceeding, not a criminal trial. The MVA must prove several specific things. They must show:

• The officer had reasonable grounds to believe you were driving under the influence.
• There was evidence you used alcohol.
• The officer correctly asked you to take a test.
• You either refused the test, or tested at 0.08 blood alcohol concentration or higher.

If you win the hearing, the MVA takes no action against your license. You keep your full driving privileges while your criminal case continues. If you lose the hearing, your license will be suspended, but you may be eligible for restricted driving privileges or participation in the Ignition Interlock Program.

What Are Your Options If Your License Gets Suspended for a Maryland DUI?

Even if your license is suspended, Maryland law allows several ways to keep driving under certain conditions.

Restricted License

A restricted license allows you to drive for specific purposes only. Common restrictions include driving to and from work, attending school, getting medical care for yourself or immediate family members, and attending alcohol education or treatment programs. You cannot use a restricted license for social activities or personal errands beyond these approved purposes.

Ignition Interlock Program

The Ignition Interlock Program allows you to drive anywhere, not just to work or school, but you must install an ignition interlock device in your vehicle. This device is similar to a breathalyzer. Before you can start your car, you must blow into the device to provide a breath sample showing you have not been drinking.

Call a Silver Spring, MD DUI Defense Attorney Today

Our Montgomery County DUI defense lawyer provides warmth and compassion while aggressively protecting your rights when necessary. We are fluent in Arabic and Spanish and we offer evening and Saturday appointments.

Contact The Law Offices of Gerstenfield & Demirji, PC. at 301-589-9500 for a free consultation. The fear stops here.