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Should I Request a MVA Hearing After a DUI Arrest

Should I request a MVA hearing after a DUI arrest? View our latest VLOG to hear attorney Randolph Rice explain the options after a DUI arrest.

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Should I Request a MVA hearing after a DUI arrest in Maryland?

That all depends on what type of actions you took when offered the breath or blood alcohol tests.  If you took the test then there are different consequences and options to maintain your privilege to drive.  If you did not take the test or refused the test, then you will be subjected to either a period of suspension or participation in the ignition interlock program.

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 be issued an Order of Suspension and, if eligible, a temporary license valid for 45 days. The following periods of suspension shall be imposed against your license or privilege to drive in Maryland:

Submit to a Test – Should I Request a MVA hearing?

  • 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 a second or subsequent offense.

Refuse to Submit to a Test – Should I request a MVA hearing?

  • If you refuse to submit to a test:
    • The suspension will be 120 days for a 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 §27-101(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.

If you have a Commercial Driver’s License

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 (1) year for a first offense or for life if your CDL or privilege has been previously disqualified for at least one (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.

DUI Offenses Occurring While Driving a Commercial Motor Vehicle:

In addition to any suspension for a test failure or refusal, if you were operating a commercial motor vehicle and your test result indicates an alcohol concentration of 0.04 or more, or you refused to submit to a test, your commercial driver’s license or privilege shall be disqualified one (1) year for a first offense, or 3 years for a first offense committed while transporting hazardous materials required to be placarded, and disqualified for life if your commercial driver’s license has been previously disqualified for at least one (1) year under MD TA§16-812(a) or (b), a federal law, or any other state’s law.

Maryland DUI Lawyer – Randolph Rice

If you’ve been charged with DUI in Maryland, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 as soon after to discuss your options.  If you don’t act promptly, you may waive your right to a MVA hearing.

You can also email the office for immediate legal help.

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