MVA Penalties for Getting Charged with a DUI/DWI

When someone is charged with a DUI or DWI in the State of Maryland, and they have a Maryland license, just by virtue of being charged with a DUI or DWI, it triggers an automatic suspension of that person’s driver’s license with the MVA.  After being charged with a DUI or DWI, a person’s license will be confiscated and they will be issued a temporary license, which will allow them to drive for 45 days without any restriction.  On day 46, their license will suspend for the following designated period of time:

Blood Alcohol Content: .08 – .14
1st DUI – 180 day suspension

Blood Alcohol Content: .15 or more
1st DUI – 180 day suspension
2nd DUI or more – 270 day suspension

Refused Blood Alcohol Test
1st DUI – 270 day suspension
2nd DUI or more: 2 year suspension

If you took the breath test and had a blood alcohol concentration of a .08 – .14, the suspension can be modified by the MVA to allow you to continue to drive to and from work, school, medical appointments, and alcohol classes during the 180-day period of your suspension. This modification can only be done at a hearing with the MVA. You have 10 days from the day the date of the incident to request this hearing with the MVA. If you fail to request a hearing within the 10 days, your license will suspend for 180 days.

If you took the breath test and had a blood alcohol concentration of a .15 or higher, or refused the breath test, you are not eligible for a restricted license. In order to continue driving during the period of suspension, you need to get an interlock installed in your vehicle for a period of one year (from the date it’s installed). After it’s successfully installed, and you have obtained a new license with the MVA, you can drive without restriction, so long as you are driving a vehicle equipped with the ignition interlock at all times.

There are also other times, when our clients wouldn’t otherwise be eligible for a restricted license, where we still request a hearing with the MVA. In certain cases, we contest the suspension of our client’s license all together and move for no action at the MVA. This is why it’s critical to contact an experienced DUI lawyer immediately after receiving charges. Time is of the essence! We can review your paperwork, identify any possible issues, and best advise on how to proceed with the MVA.

Contact our Annapolis lawyers for a free initial consultation.

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