Published on 2/19/2026, 9:50:00 PM
What happens at a DUI trial?
If you are charged with DUI in Maryland, the trial itself is only part of the story. A lot happens before anyone calls witnesses or argues to a judge or jury.
This post breaks down the DUI trial process step by step, including the pretrial “paperwork and evidence” phase, what happens on the trial date, and what comes next if you win or lose.
If you want help early in the process, start here: Maryland DUI defense.
Step 1: After the DUI, you get paperwork and a court date
Most people first learn their court date from their charging paperwork or a “notice to appear” letter from your local District Court that tells you when and where to go. That date matters because court deadlines are tied to the scheduled trial date in a lot of DUI cases. For example, if you want a jury trial, there are timing rules (more on that below).
Step 2: You hire a lawyer and your lawyer enters an appearance
Once you retain counsel, your attorney typically enters an appearance and requests discovery. The trial date can be set quickly and counsel is expected to enter an appearance within a short window after being hired.
If you are still deciding, you can read about the decision-making side of it here: Should I get a lawyer for my first DUI?
Step 3: The State provides discovery (evidence) to your lawyer before trial
In Maryland criminal cases, there are discovery rules that control what the State has to turn over.
A big one: exculpatory and impeachment material
Under Maryland Rule 4-262, the State’s Attorney must provide certain material without a request, including information that tends to negate or mitigate guilt, reduce punishment, or impeach a State witness.
District Court vs Circuit Court discovery rules
Discovery rules differ by court.In Circuit Court, discovery is governed by Rule 4-262 while District Court discovery is governed by Rule 4-263.
“Open file” discovery happens sometimes
In practice, some prosecutors provide “open file” discovery, where defense counsel can review the prosecutor’s file (often with conditions).
Your lawyer reviews discovery with you
After your lawyer receives discovery, the normal next step is reviewing it with you, spotting issues, and deciding what can be challenged at trial.
If the evidence includes a breath test, these two pages can help you understand what may be contested:
Step 4: Pretrial issues and motions (especially in District Court)
People often expect lots of pretrial motion hearings. In Maryland DUI cases, that is not always how it works, especially in District Court.
In District Court, motions raising suppression issues are heard during the trial, not as separate pretrial motion practice.
So in many District Court DUI trials, you will see suppression-type issues come up right in the middle of the trial, when evidence is offered and the defense objects.
Step 5: Bench trial vs jury trial (and the “jury trial prayed” note)
Many DUI cases start in District Court, where there is no jury. If you want a jury trial for an eligible case, you generally have to demand it.
Maryland Rule 4-301 sets out how to demand a jury trial, including the timing: generally at least 15 days before the scheduled trial date, or orally on the date set for trial (before the trial begins).
If you have seen “jury trial prayed” on Maryland Case Search, FrizWoods has a full explainer here: What “jury trial prayed” means. That post explains that praying a jury trial removes the misdemeanor case from District Court and sends it to Circuit Court, where a jury trial can happen.
You can also read: DUI jury trial in Maryland
What happens on the trial date (the trial process, step by step)
Once you get to the trial date, the trial follows a familiar structure.
1) The case is called and the court handles basic housekeeping
The case is called, not guilty pleas are entered, the court addresses a jury waiver if applicable, and the court can handle witness sequestration issues (also called a "Rule on Witnesses")
2) Opening statements
Opening statements are each side’s chance to explain what they believe the evidence will show.
Two important points for DUI trials:
- Opening statements are not evidence.
- In a bench trial (trial before a judge), openings are often waived.
3) The State goes first
The State goes first because the State has the burden of proof in a criminal case.
That means the State presents witnesses and evidence first.
What counts as “evidence” at trial?
Maryland’s pattern jury instructions explain that evidence includes witness testimony and exhibits admitted into evidence, plus stipulations or admissions, and that opening statements and closing arguments are not evidence.
In DUI cases, common evidence can include officer testimony, body-worn camera or dash camera footage, field sobriety test testimony, and breath test evidence (if there was a breath sample). (What actually comes in depends on the case and objections.)
4) Cross-examination by the defense
After the State questions a witness, the defense gets to cross-examine.
Cross-examination is where the defense tests memory, training, procedures, and credibility. A skilled DUI defense attorney may use prior inconsistent statements to impeach witnesses. Maryland’s Jencks-style witness statement production rules that can affect how cross-examination is prepared.
5) Motion for Judgment of Acquittal
After the State rests, the defense may make a Motion for Judgment of Acquittal.
Maryland Rule 4-324 governs this motion and requires that it state with particularity the reasons why the motion should be granted.
The basic standard for these motions is: the evidence is viewed in the light most favorable to the State, and defense counsel may choose strategically whether to make the motion in some cases.
If the judge grants the motion, that results in an acquittal on that charge. If the judge denies it, the trial continues.
6) The defense case (or no defense case)
After the State rests and any motions are handled, the defense decides whether to put on evidence.
Sometimes the defense calls witnesses or experts. Sometimes the defense presents no evidence and argues that the State failed to meet its burden.
Maryland’s pattern instructions make the core point: the defendant is presumed innocent, is not required to prove innocence, and is not required to produce evidence. The State must prove guilt beyond a reasonable doubt, and if the factfinder is not convinced beyond a reasonable doubt, the verdict must be not guilty.
Often the defendant will not produce evidence in a criminal case.
7) Jury instructions (jury trials)
In a jury trial, the judge instructs the jury on the law. Maryland Rule 4-325 allows instructions to be given before closing arguments are completed.
8) Closing arguments
In closing argument, each side argues how the evidence should be understood.
Pattern jury instructions explain the typical order: the State argues first, then the defense, then the State may give a rebuttal closing.
Closings are still not evidence.
9) The verdict
- In a bench trial, the judge decides guilty or not guilty.
- In a jury trial, the jury deliberates and returns a verdict.
Maryland’s pattern jury instructions emphasize that a verdict must be unanimous and that jurors must consult and deliberate with the goal of reaching an agreement if possible.
How long does a DUI trial take?
It depends on whether it is a bench trial or jury trial, how many witnesses there are, and what legal issues come up.
Typical DUI jury trials can take one to three days, effected by jury selection, opening statements, testimony, closing statements, and deliberations.
Praying a jury trial can delay the case (often around a month or more) and can increase costs because of the added work and trial preparation.
What happens if you lose a DUI trial?
If you are found guilty, the next step is typically sentencing.
A Maryland sentence can include things like a fine, probation, community service, and incarceration.
DUI cases can also involve license consequences and other penalties. DUI charges can involve jail exposure, fines, and license suspension, and that penalties can increase for repeat offenses.
Also, keep in mind that DUI cases often have two tracks: an MVA licensing process and the criminal court case. You must pay attention to deadlines and paperwork.
Related reading:
How many DUI cases go to trial?
There is no single fixed number that applies across counties and case types.
Most Maryland criminal cases do not go to trial, and many resolve by negotiation.
In DUI cases, whether a case goes to trial often depends on things like:
- strength of the stop and arrest evidence
- breath test issues (or refusal)
- prior record
- what plea offers are on the table
- risk tolerance and goals (license, job, immigration, etc.)
How much does a DUI trial cost?
Cost depends on the complexity of the case, whether it goes to trial, whether experts are needed, and whether there is a separate MVA hearing.
All-in, “the costs will reach into the thousands” in many cases.
For a deeper cost breakdown, read: How much will a DUI lawyer cost?
How to win a DUI trial (what “winning” usually comes down to)
No lawyer can promise a win. But a lot of DUI trials are decided by whether the State’s proof holds up under cross-examination and whether the defense can create reasonable doubt.
Common pressure points in DUI trials include:
- the traffic stop and whether it was justified
- what the officer claims they observed
- how field sobriety tests were administered and interpreted
- breath testing procedures and reliability
Helpful background reading from FrizWoods:
Talk to a lawyer before your trial date
If you have a DUI trial coming up and want help understanding what the State has to prove and what evidence will be used, you can reach FrizWoods here: contact us for a free consultation.
FAQs
Q: How does a DUI trial work in Maryland?
A: There is a pretrial phase where your lawyer enters an appearance and obtains discovery, then trial typically follows this order: case is called, opening statements (often waived in bench trials), the State presents evidence first, defense cross-examines, the defense may move for judgment of acquittal, the defense may present evidence (or not), closing arguments, then verdict.
Q: How long does a DUI trial take?
A: Jury trials can take one to three days depending on the case, and praying a jury trial can delay the case and add costs due to the extra preparation.
Q: What happens if you lose a DUI trial?
A: If you are found guilty, the case moves to sentencing, where the judge can impose penalties like fines, probation, community service, and incarceration. DUI convictions can also involve license consequences.
Q: How many DUI cases go to trial?
A: There is no universal number, but FrizWoods notes that most Maryland criminal cases do not go to trial and many resolve by negotiation.
Q: How much does a DUI trial cost?
A: It varies based on complexity, trial prep, experts, and whether you also have an MVA hearing.
Q: How to win a DUI trial?
A: “Winning” usually means the defense creates reasonable doubt or gets key evidence excluded. That often involves challenging the stop, the officer’s observations, field sobriety testing, and breath testing procedures. The defendant is not required to prove innocence, and the State must prove guilt beyond a reasonable doubt.
