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What Happens To Your Driver’s License After a First DUI in Anne Arundel?
A conviction for your first DUI will likely result in points being assessed against an individual’s driver’s license. Which could cause a potential suspension of the license.
The MVA will send a convicted DUI offender notice that they are proposing a suspension of license. The individual will then have the option to request a hearing to challenge the suspension or to ask the judge to adjust the length of time of the suspension.
Judges have a great deal of discretion for first offense DUIs in setting both the period of time of the suspension and modifying the suspension in many different ways. To ensure that your suspension is minimized as much as possible, it is important you contact an Anne Arundel DUI lawyer to help as soon as possible.
Challenging The Suspension of Your License
You can absolutely challenge the suspension of your license after a DUI. There are two types of license suspension hearings that are usually triggered in the DUI case.
The first type is an administrative suspension and that’s going to come usually before the case goes to court. The period of suspension there is going to depend on the facts of the case, what an individual blew if they did they do a breathalyzer, or if the individual refused. Those suspensions can be challenged based on the evidence that the MVA presents.
Additionally, those kind of suspensions can usually be modified if it’s a first offense case where an individual blows below a 0.15, then that individual is eligible for a modification of the suspension to allow them to drive to and from work, to and from any kind of education that they attend, and to any alcohol treatment and medical appointments for them or their family. If an individual blows in excess of a 0.15 or refuses to do a test, then the suspension can be modified to allow them to participate in the Maryland ignition airlock program, which allows them to continue to keep driving, but forces them to have an ignition interlock device installed in their vehicle for a period of 1 year.
A post-conviction suspension, which is the one that we just talked about in the previous question, comes in addition to that administrative suspension. That suspension, the post-conviction suspension would only occur if an individual does not receive probation before judgment. So if they are convicted of the DUI and receive points. Judges have discretion to modify that suspension both in terms of the length of time of the suspension as well as allowing work permit or potentially other types of modification.
How do These Types of Suspensions Apply to You?
The conviction for DUI doesn’t impact the administrative sanction, so the administrative penalty that we just discussed is independent of the court, meaning even if the case is dismissed, you could still suffer the administrative penalty against your driver’s license. If you’re not convicted however there would be no post-conviction suspension, so the second type of suspension discussed above would not apply.
To learn more about how these types of suspensions apply to you and your DUI case (as well as how they can be challenged), please contact our law offices today and conduct your free initial consultation.