Should You Request a MVA Hearing After a DUI in Maryland?
If you’ve been stopped or detained and “reasonable grounds” exist to believe that you have been driving or attempting to drive a motor vehicle under circumstances requiring that you be asked to submit to a test (breath or blood test) under §16-205.1 of the Maryland Vehicle Law. In this situation, the law deems that you have consented to take a test to measure the alcohol concentration or drug or controlled dangerous substance content in your system.If you have been stopped for DUI in Maryland, call Maryland DUI attorney Randolph Rice at 410-288-2900 for immediate legal help. You can also email the office for immediate help or to schedule a FREE legal consultation.
Do I have to take a breath or blood test after a DUI arrest in Maryland?
No, you do not have to take a test, unless you were in a motor vehicle accident resulting in the death of or life-threatening injury to another person. However, if you did not take the test, there will be MVA administrative penalties, as described below.
What happens if I took the test and my results were less than 0.08?
If you took a breath or blood test and your results were less than 0.08, then you will not be subjected to the adminsitrative penalites.
Suspension of Your Maryland Driver’s License or Driving Privilege
If you refuse to submit to the test, or submit to the test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your Maryland driver’s license will be confiscated, you will he issued an Order of Suspension and, if eligible, a temporary license valid for 45 days. The following periods of suspension shall he imposed against your license or privilege to drive in Maryland:
If your test result is an alcohol concentration of at least 0.08 but less than 0.15: The suspension will be 45 days for a first offense and 90 days for a second or subsequent offense.
If your test result is an alcohol concentration of 0.15 or more:
The suspension will be 90 days for a first offense and 180 days for if second or subsequent offense.
If you refuse to submit to a test:
The suspension will be 120 days for it first offense and one (1) year for a second or subsequent offense. An additional criminal penalty of not more than $500 or imprisonment for not more than 2 months or both, may be imposed under § 27101(x) of the Maryland Vehicle Law if you are convicted of a drunk or drugged driving offense under § 21-902, and the judge or jury finds beyond a reasonable doubt that you knowingly refused to take a test arising out of the same circumstances. CDL License Consequences: If you hold a commercial driver’s license (CDL) and were driving a non-commercial motor vehicle when you were stopped, and refuse to submit to a test, your CDL, or privilege will be disqualified for one year for a first offense or for life if your CDL or privilege has been previously disqualified for at least 1 year under § 16-812(a) or (b) of the Maryland Transportation Article, a federal law, or any other state’s law. If you were driving a commercial motor vehicle and refuse the test, your CDL or privilege will be disqualified as set forth below.
Should I request a MVA Hearing?
Modification of the Suspension or Issuance of a Restrictive License:
If your test result is an alcohol concentration of 0.08 but less than 0.15: The suspension may be modified or a restrictive license issued at a hearing in certain circumstances.
If you refuse a test, or take a test with a result of 0.15 or more: You will be ineligible for modification of the suspension or issuance of a restrictive license, unless you participate in the Ignition Interlock System Program under § 16-404.1 of the Maryland Vehicle Law. This program requires the vehicle(s) you drive to be equipped with a device that prevents you from operating it if you have alcohol in your blood. At a hearing, if you request one, an administrative judge may modify a suspension by permitting you to participate in the Ignition Interlock System Program for one year, but is not required to do so.
Instead of requesting a hearing, you may elect to participate in the Ignition Interlock System Program for one year, instead of the period of suspension, if the following conditions are met: 1) your driver’s license is not currently suspended, revoked, canceled, or refused; 2) you were not charged with a moving violation arising out of the same Circumstances as the Order of Suspension that involved the death of, or serious physical injury to, another person; and 3) within thirty (30) days of the date of the Order of Suspension you a) elect in writing to participate in the Ignition Interlock System Program for one year, instead of requesting a hearing, and b) surrender a valid Maryland driver’s license or sign a statement certifying that the license is no longer in your possession. An ignition interlock election form is located on the reverse side of the driver’s copy of the Order of Suspension.
How Long Do I have to Request a MVA Hearing?
You Have the Right to Request an Administrative Hearing
You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing. Your request for a hearing must be made in writing. You may use the “Hearing Request” form if available. Send your request to the Office of Administrative Hearings at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301. You must include a check or money order for $125.00, which is the required filing fee, made payable to the “Maryland State Treasurer.” Your request for a hearing will be invalid if submitted without the required $150.00 filing fee.