Motor Vehicle Administration (MVA) Sanctions In Maryland
An arrest for DUI/DWI can instantly affect your driver’s license privileges. Under Maryland law, your driver’s license will be automatically suspended starting 46 days after a DUI/DWI arrest if you either refuse to take or fail a breathalyzer examination.
The police will confiscate your license and issue a temporary paper license that is good for 45 days. The length of the suspension depends on whether you agreed to take the breath test at the police station and the result of that test.
You may request an MVA hearing to dispute the proposed suspension of your license or attempt to obtain a work/school-restricted license. To guarantee your license will not be suspended pending this hearing, you must have the hearing request postmarked within 10 days of the arrest. If you request a hearing after the 10-day period but within 30 days, this may result in license suspension pending your MVA hearing.
What Happens If I Refuse Or Fail The Breath Test?
If you refuse or fail the breathalyzer test at the police station but do not request an MVA hearing in a timely manner, your driving privileges will be suspended on the 46th day after the arrest.
- Failing the Test: If you take the breathalyzer and fail, the suspension period is 180 days.
- Refusing the Test: If you refuse to take the breathalyzer test, the MVA will suspend your license for 270 days.
These suspension periods increase for the second and third offenses.
Is It Possible To Avoid Driver’s License Suspension?
Requesting an MVA hearing timely with the Office of Administrative Hearings is the best way to avoid these lengthy suspensions of your driver’s license. You may also avoid suspension by opting into the Ignition Interlock Program. Although the length of the suspension is only 180 or 270 days, the Ignition Interlock Program requires participation for one year.
One benefit to taking the breath test at the police station is the ability to obtain a restricted license that allows you to continue to drive to and from work, school, medical appointments or alcohol treatment instead of having your license suspended for 180 days. This alternative option is only available if you agreed to take the breath test and the result was below .15. To take advantage of this option, you must timely request an MVA hearing and present the required evidence to the judge that demonstrates a need for the restricted license.
If your hearing request is received timely, the Office of Administrative Hearings will mail an extension letter that allows you to retain your driving privileges until the hearing date. Therefore, the letter verifies that your temporary license does not expire on the 46th day. You will need to carry your temporary license and extension letter when you are driving.
What Are My Options?
There are many factual and legal issues that can be presented at the hearing to fight the proposed suspension by the MVA. These issues include whether there was enough evidence to ask you to take a test, whether the arresting officer followed the proper procedure subsequent to your arrest, and whether the test was performed properly and by certified personnel.
Get In Touch Today For Experienced Legal Representation
Colleen Kirby has been extremely successful fighting the MVA at these hearings and allowing her clients to maintain their full driving privileges. She is well-versed in the statutes that govern procedures to be followed by police officers, state codes that create the regulations pertaining to breathalyzer tests, and Maryland case law from the appellate courts that have ruled on issues pertaining to suspension of driving privileges in DUI/DWI cases.
If you are dealing with a DUI/DWI charge or traffic tickets in Howard County, Maryland, contact the Law Office Of Colleen M. Kirby, Esq., at 410-973-0572 for representation.