Maryland DUI lawyers and MVA hearings

Drunk Driving and Maryland driver’s license suspension

After being arrested for an alcohol related DUI or DWI offense in Maryland, you face two different proceedings – 1) a criminal case in the courts, and 2) the revoking of your driver’s license by the MVA. At the time of arrest, the police confiscates your Maryland driver’s license, and a temporary driver license issued to you that expires after 45 days. Once your temporary driver’s license expires, your driving privileges are suspended by the MVA. The time of suspension of your driving privileges by the Maryland MVA depends on your alcohol test results and the number of previous offenses you have had.

If your test result provides that your alcohol concentration is at least 0.08 but less than 0.15:

  • For a first offense, your license/privileges can be suspended for a period of 90 days.
  • For a second or subsequent offense, your license/privileges can be suspended for a period of 180 days.

If your test result provides that your alcohol concentration is 0.15 or more:

  • For a first offense, your license/privileges can be suspended for a period of 90 days.
  • For a second or subsequent offense, your license/privileges can be suspended for a period of 180 days.

If you refuse to submit to a test, your license/privileges to drive in the State of Maryland can be suspended by the MVA for the following periods:

  • For a first offense, a suspension period of 120 days.
  • For a second or subsequent offense, a suspension for 1 year.

However, if you contact the Maryland MVA and request an Administrative Hearing within 10 days of your offense, your driving privileges will be extended after the initial 45 day temporary license period until an MVA hearing has been held and a decision rendered. An MVA hearing is conducted by an administrative law judge with Maryland’s Office of Administrative Hearings at one of a number of hearing locations across Maryland. You can request a hearing after 10 days and within 30 days of your offense; however, your driving privileges will not be automatically extended after the initial 45 days … even if your hearing is scheduled for a date after the 45 days.  Contact one of our Maryland DUI lawyers to discuss your case and be sure that no deadlines pass.

MVA Driver’s License Suspension and MVA Alternatives

If you lose your administrative hearing, your license will be suspended by the MVA for the time limits described above. If you win your MVA hearing, your driving privileges will be protected until the courts render a decision in your criminal case.

Under certain circumstances, you may seek a restricted license (rather than the suspension of your driver's license) at the MVA administrative hearing to allow you to drive to and from your employment, during the course of employment, and to and from an alcohol education or treatment program. In some cases, you may only be eligible for a restricted license if you agree to the installation of an interlock device in their car. A Maryland DUI lawyer will help protect your Maryland driver’s license and inform you for all the MVA alternatives that you may be eligible for rather than the suspension of your Maryland driver’s license.

Contact a Maryland DUI Lawyer

Our Maryland criminal/DUI lawyers can guide you through the MVA process and help you put your life back together. With offices in Baltimore, Columbia, Frederick and Rockville, we have a location close to you.  Contact a DUI lawyer at Edwards Phillip Amourgs, PC for a free, no-obligation, initial consultation.

 

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