MVA Hearing Maryland, should you request a MVA hearing in Maryland after a DUI or DWI arrest? Don’t mail in your form until you speak with an attorney. You may not need to request a Baltimore criminal defense lawyer. That all depends on the fasts of your DUI case, if you submitted to a breath or blood test and if you did, what was the results of your breath or blood tests. You want to contact a DUI attorney as soon after you have been charged with DUI or DWI in Maryland. An attorney can guide you through the process and help you decide if you should or should not send in your MVA Hearing Request Form.
Your case may not be at the OAH in Hunt Valley, you may have to appear at one of the other OAH hearing locations. Make sure you check your notice to confirm your location.
MVA Hearings in Baltimore
If you have a DUI charge, you have to make some decisions soon after the arrest to that will affect your privilege to drive a motor vehicle in Maryland.
To request an MVA hearing in Maryland you must mail the form that was given to you by the police officer. That form is labeled DR-15A on the front of the form. There are two pieces of white paper that the police officer will give to you. Those pieces of paper are your temporary license. On the back of one of the pieces of paper is the information and instructions to participate in the ignition interlock program. On the back of the other piece of paper is the “MVA Hearing Request” form.
There are Time Restrictions for Mailing the MVA Form:
- If your form and check are postmarked within 10 days of being issued, then your suspension will nor take affect before the scheduled hearing date. The hearing date could be 30 days after the request or 3 months, it depends on how busy the dockets at the OAH are at the time of the request.
- If your form and check are postmarked 11 to 30 days of being issued, then the hearing will be scheduled without 45 days upon receipt of the hearing request. Your suspension will take affect on the 46th day from the Order of Suspension issue date.
- If your form and check are postmarked after 30 days of being issued, then the request will be denied and the suspension will take effect on the 46th day from the Order of Suspension issue date.
Does this all sound very confusing? It is and that is why you want to hire an attorney to handle the whole process for you.
Call attorney Randolph Rice at (410) 694-7291 for immediate legal help after a DUI or DWI charge in Maryland.
Other Factors when Considering a MVA Hearing Request:
- There are limited situations when you can challenge a license suspension or restriction after a DUI or DWI arrest in Maryland.
- Based on your age, under 21, you may have multiple hearings.
- You may not need to request a hearing depending on your breath or blood results.
- You may waste you money by requesting a hearing if you don’t plan.
No Action at MVA Hearing
When the police officer is processing the driver for drunk driving and confiscating that person’s driver’s license, they will compete a form DR-15A. That form includes various forms and is the suspected drunk driver’s license to drive for 45 days or until they receive a form from the MVA indicating their privilege to drive is extended until the MVA hearing.
Driving Privilege Reinstated
In a recent case, my client was stopped for driving while under the influence or alcohol and driving while impaired by alcohol. When the officer arrived, the client was out of the vehicle after a minor accident. The officer performed the Standardized Field Sobriety Tests (SFST’s) and the client was arrested for DUI and DWI.
At the police precinct, the driver was read the DR-15 and he elected to take the test. The officer completed the paperwork and the client was released.
Once I reviewed the paperwork, it was immediately apparent that the police officer had failed to state that the driver indicated any signs of alcohol consumption before his was read the DR-15 and given the option to submit to the test or refuse the test.
Because the officer had failed to denote the presence of alcohol on the DR-15 form, the ALJ was forced to take “No Action” at the MVA hearing. That means the client’s privilege to drive was not suspended and he was eligible for a Maryland driver’s license.
No Action is the language used by the OAH when it elected or finds that the MVA has not made their case to suspend or take some type of administrative action against a driver.
Our Baltimore MVA Hearing Lawyers Can Help
If you have been arrested or charged with DUI or DWI and you have a pending MVA hearing or you are contemplating requesting a MVA hearing. Contact my office to discuss your options and to schedule a free confidential consultation to discuss your options. You may have an argument at the OAH that leads to a No Action in your case.