In the context of DUI/DWI offenses, the driving privileges of persons submitting to tests for alcohol concentration that result in a reading of .08 or more, persons refusing tests for alcohol concentration, and persons violating alcohol restrictions and/or alcohol-related restrictions are subject to administrative sanctions by the MVA.
The Maryland Motor Vehicle Administration (MVA) has the authority to restrict, suspend or revoke your driving privileges. Prior to such action, they are required by law to give notice of the proposed action and advise you of your right to contest the restriction, suspension or revocation of your license by requesting an administrative hearing.
If you submitted to a test for alcohol concentration that resulted in a reading of .08 or more, or if you refused a test for alcohol concentration, the arresting officer is required to confiscate your Maryland driver's license and issue an Officer's Certification and Order of Suspension. (If you are not a Maryland licensed driver, the officer cannot confiscate your valid out-of-state license.) This is a two-part form with the first part being a temporary driving privilege that expires on the 46th day from the date it was issued. The second part is a Hearing Request Copy. To protect your continued driving privilege and contest the suspension of your license, you must request a hearing within 10 days from the date the Order of Suspension was issued! It is important you request a hearing immediately! You can contact our office. We will assist you in completing this request, or we will request the hearing on your behalf. We are available to assist you and protect your legal rights at this critical time. There are exceptions regarding hearing requests for alcohol tests with readings above a .14, and test refusals.
Administrative sanctions imposed against your driving privilege by the MVA are separate and independent from the court proceeding for the DUI/DWI charge. They have no impact on the criminal prosecution. You could be found not guilty in court and be subject to MVA administrative sanctions such as having your license suspended by the MVA as a result of your submission to a test resulting in a reading of .08 or more, or your refusal to submit to a test for alcohol concentration. Or, you may avoid the suspension of your license at the MVA and be found guilty or receive a PBJ for the DUI/DWI charge in court.
Test Results Of .08 To .14
The driving privileges of persons submitting to a test for alcohol concentration that result in a reading of .08 to .14 are subject to suspension. For a first occasion, the suspension period is 45 days. For a second or subsequent test, the suspension period increases to 90 days. Suspension periods are subject to modification at the discretion of the MVA. You may be eligible to receive a license restricted to employment purposes and alcohol counseling/treatment in lieu of an outright suspension if you requested an administrative hearing to contest this action within 10 days. Second and subsequent 90-day suspension periods that occur within a five-year period are ineligible for any type of discretionary modification. Second or subsequent 90-day suspension periods that occur after a five-year period, may be eligible for a discretionary modification at a hearing. You are ineligible for any modification of a proposed suspension unless a hearing is requested.
Test Results Of .15 Or More
The driving privileges of persons submitting to a test for alcohol concentration that result in a reading of .15 or more are subject to suspension. For a first occasion, the suspension period is 90 days. For a second or subsequent test, the suspension period increases to 180 days. The only modification of these suspension periods is participation in the Ignition Interlock Program for one year. To participate in the Ignition Interlock Program in lieu of accepting a suspension period, within 30 days you must sign the consent form.
If you've had an order of suspension/temporary license issued to you, have the ignition interlock system installed in your vehicle by an approved provider, and take your sealed provider enrollment form to any full-service MVA to obtain a restricted license. Your license will be restricted to the operation of only vehicles equipped with the ignition interlock device.
Refusals
Suspension periods for refusing alcohol concentration tests are harsh: 120 days for a first refusal and one year for any second or subsequent refusal. The only modification of these suspension periods is participation in the Ignition Interlock Program for a period of one year. To participate in the Ignition Interlock Program in lieu of accepting a suspension period, within 30 days you must sign the consent form contained on the back side of the Order of Suspension/temporary license issued to you, have the ignition interlock system installed in your vehicle by an approved provider, and take your sealed provider enrollment form to any full-service MVA to obtain a restricted license. Your license will be restricted to the operation of only vehicles equipped with the ignition interlock device.
What Is An Ignition Interlock Device?
An Ignition Interlock device is an instrument that is connected from your vehicle's ignition system to a breath analyzer that measures a driver's alcohol concentration. The driver must blow into a mouthpiece connected to the device, and if the device registers a reading of a .025 or higher breath alcohol content, it will not allow the vehicle to start or operate. This device will also ask for additional retests while the vehicle is being operated. It is not necessary to stop driving to submit to retesting. Your vehicle must be returned to the service provider every 30 days to review testing results and calibration information stored by the device.
Violation Of A License Restriction
In certain circumstances the MVA has the authority to impose license restrictions prohibiting a licensee from driving or attempting to drive while having alcohol in his or her blood. That restriction is automatically applied to the license of persons under the age of 21. The MVA can also restrict a licensee from driving unless operating a vehicle equipped with an ignition interlock device. When persons violate these restrictions, their license is subject to suspension or revocation. When you receive a notice from the MVA of a proposed action against your license stemming from a purported violation of a license restriction, it is important to immediately request a hearing within the 15-day time limit. You are ineligible for any modification of a proposed suspension or revocation unless a hearing is requested.
Convictions Of DUI/DWI And Accumulation Of Points
If you are found guilty of a DUI/DWI offense, these convictions are reported to the MVA and recorded on your Maryland driving record. Those convictions, as well as other moving traffic violations, result in a points assessment: eight points for DWI and 12 points for DUI. An accumulation of eight points subjects your license to a period of suspension, and an accumulation of 12 points could result in the revocation of your license. Upon receipt of a notice of these proposed actions against your privilege in Maryland, you will have 15 days to contest the action and request an administrative hearing or accept their offer to participate in the Ignition Interlock Program.
The MVA may also require participation in the Ignition Interlock Program as a condition of continuing your driving privileges after receiving a DUI/DWI conviction. Durations for this requirement range from six to 24 months. If you are under the age of 21 and receive a conviction of DUI/DWI, the MVA can impose an ignition interlock restriction on your driving privileges for up to three years.
You are ineligible for any modification of a proposed suspension or revocation unless a hearing is requested or you accept the ignition interlock offer within the 15-day time period.
The Medical Advisory Board
The Medical Advisory Board (MAB) is composed of physicians and optometrists, and is a branch of the MVA. The MVA may refer a licensee or a person applying for a driving privilege or reinstatement of a driving privilege to the MAB for evaluation if they believe the driving of a vehicle by that person would be contrary to public safety and welfare because of an existing or suspected mental or physical condition. Conditions subject to evaluation by the MAB include alcoholism, alcohol abuse and drug addiction, as well as illnesses causing a lapse of consciousness, stroke or heart disease. The MAB has the authority to deny you a driving privilege, restrict your privilege, or suspend or revoke your driving privileges.
When given a referral to the MAB, you may be required to attend a hearing or complete comprehensive medical/health questionnaire forms. It is imperative that you obtain the guidance of an experienced attorney to assist you in this process and protect your driving privilege. We possess the extensive experience and knowledge you require to clear the MAB process and retain your driving privileges.
Out-Of-State Licenses
Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in Maryland is deemed to have consented to the taking of a test for alcohol concentration. Out-of-state licensees are subject to the same administrative suspension periods as Maryland licensees if they refuse a test for alcohol concentration or submit to a test with a result of .08 or more. Their driving privilege in this state is also subject to suspension/revocation if they receive a conviction for a drinking and driving offense and the resulting accumulation of points.
Maryland is a member of the interstate Driver License Compact. If your home state is also a member of the compact, your privilege to drive in that state may also be affected by certain convictions received out of state. Convictions for drunk or drugged driving offenses, vehicular homicide or manslaughter, and accidents resulting in personal injury or failing to stop and render aid, will be reported through the compact to your home licensure state by Maryland. The laws of your state may provide for administrative sanctions as a result of out-of-state refusals. The bottom line is that the suspension or revocation of your driving privileges in Maryland could result in your license being suspended or refused in your home state of licensure.
If you are an out-of-state licensed driver and have been charged with a drinking and driving offense in Maryland, it is imperative that you consult with an experienced and knowledgeable attorney who can protect your ability to drive.
Contact our Annapolis lawyers for a free initial consultation.
