Annapolis DUI Arrest Process
Usually, a person is given an opportunity to get their car back about 24 hours after their DUI, if it was taken into custody. Even if a person’s license was confiscated, they receive a temporary privilege from the officer to drive, which will last up to a period of 45 days. During that time, a person must determine whether to file a formal request for Motor Vehicle Administration proceedings.
If you have been arrested for a DUI in Annapolis, Maryland, it is important to contact a DUI lawyer. By retaining an experienced lawyer who is familiar with the Annapolis area, you have the opportunity to build a strong defense for your case and to minimize the penalties you are facing.
Challenging the Suspension of a License
Oftentimes, a person can challenge the suspension of their license based on the evidence presented at a Motor Vehicle Administration hearing. That includes the reasonable grounds for determining whether a person should be offered a breathalyzer test, whether the breathalyzer test was conducted properly, and whether it was calibrated properly.
All of these issues can be raised at the Motor Vehicle Administration hearing to challenge a suspension. If the suspension is based on the person’s refusal to take the breathalyzer test, they can argue that they did not actually refuse the test or refused for some medical reason in which they were unable to participate in a chemical breath test.
If a person decides not to challenge the suspension of their license, when the temporary license expires, they are subject to a suspension in accordance with the language on the DR-015 Advice of Rights form provided to them upon arrest.
Motor Vehicle Administration Hearings
In Annapolis, each person who has their license suspended has a right to request a hearing with the Motor Vehicle Administration. Usually, there is a form on the back of the officer’s Certification and Order of Suspension that must be filled out to request that hearing. The order of suspension is provided upon release from a DUI arrest and is time-sensitive. It is very important to reach out to an attorney immediately after receiving it to make sure you do not miss any deadlines to preserve your rights for that hearing.
After requesting a hearing, the matter is scheduled. Usually, the attorney has an opportunity to review discovery and the procedures for this kind of hearing or court date with their client. The hearing often requires a subpoena of medical records, and a great deal of other information to present to an administrative judge to try to make sure your license remains intact.
Obtaining a Restrictive License
For less serious cases in Annapolis, a person can maintain a restrictive license in some circumstances to travel to and from work. The restrictive license may also include travel to and from school, alcohol education, or medical appointments. For more serious DUI cases, a person may ask for a restrictive license to allow an ignition interlock until their license is reinstated.
The best way to obtain a restrictive license is to file a request for a Motor Vehicle Administration hearing and give your attorney all documentation associated with your arrest. Your attorney can process the paperwork and look for blood alcohol concentration (BAC) results to request a restrictive driving privilege. The attorney also informs you about which records to bring to the hearing to demonstrate to a judge why you are a good candidate for that license restriction instead of conviction.
Usually, an Annapolis ID card is available for most people who have a suspended privilege to drive by going to the Motor Vehicle Administration.