Being charged with DUI or DWI charges in the state of Maryland typically involves two separate proceedings. There may be a criminal prosecution or plea bargain and serious consequences from the Motor Vehicle Administration (MVA). Driving under the influence(DUI) and driving while impaired (DWI) both carry severe punishments. Being arrested and convicted can lead to a criminal record and also impact your employment opportunities and personal life. Due to the severe nature of a DUI or DWI conviction, you would be well-served to contact an experienced Maryland MVA lawyer with a proven track record for criminal defense cases and familiarity with the Maryland court system.

Maryland DUI Offenses

In Maryland people can either be charged with DUI or DWI if they are suspected of drunk driving. If the police pull a driver over and suspect them of being intoxicated, they will typically have the driver perform various tests to confirm their state. They may have the driver perform a field sobriety test or take a chemical test, which could be a blood test, breathalyzer test, or both. Driving under the influence means an individual’s blood alcohol concentration (BAC) is 0.08% or higher. Driving while impaired means the driver’s BAC is at least 0.06%. Authorities are able to take other factors into account as well when determining if drivers are intoxicated. They may take into account poor driving, the smell of alcohol, or other circumstantial evidence when trying to determine liability whether the driver is impaired by alcohol.

Administrative DUI Penalties in Maryland

A driver’s blood alcohol concentration (BAC) will determine if they are charged with DUI or DWI. If convicted for DUI, administrative penalties can include a monetary fine of up to $1,000 for a first offense, 12 points on a person’s driving record, and the revocation of their driver’s license. A DWI offense can lead to eight points on a license and a $500 fine. 

Your driver’s license can be suspended if you accumulate more than eight points in a two-year period. The MVA will revoke your license if you accumulate 12 or more points. Points stay on your license for two years from the date of the infraction.

Points raise your insurance rates even after they have become inactive. Insurance companies can review your driving record for the previous three years, and will base your premiums on the number and type of violations you have and the points that were on your license during the review period. A skilled MVA hearings lawyer in Maryland understands the consequences of administrative penalties and will work to minimize their impact on your future.

Are You Allowed to Drive After a DUI/DWI?

You will be able to drive after a DUI/DWI for at least a few weeks. After that, your license may be suspended for a period and you may be subject to other restrictions.

After a DUI, your license is confiscated and you will be given a temporary license that is valid for 45 days. The arresting officer is required to give you this documentation and you must carry it with you as if it is your proof that you have a driver’s license. If your tested BAC was 0.08% or above, your license will be suspended on the 46th day if you do not follow up properly request an MVA hearing.

License suspensions automatically go into effect regardless of what happens in criminal court. According to Maryland Transportation Code § 16-205.1,  if your BAC was between .08 and .14, you face a 180-day license suspension. If you refuse a chemical test, the suspension is 270 days for a first offense and longer for subsequent offenses. You face a 180-day suspension for the first arrest with a BAC of .15 or higher; subsequent high BAC arrests result in a 270-day suspension.

Should You Request a Hearing?

If you want to preserve your ability to drive, you must request an MVA hearing in most cases. However, you should be aware that the Administrative Law Judge (ALJ) has no power to lift or modify the license suspension in certain circumstances, and may be reluctant to do so in others.

The ALJ cannot modify your suspension if you refused a chemical test at the time of your arrest. Similarly, if your BAC was  .15 or higher, the ALJ cannot modify your license suspension. If either of these circumstances applies in your case, you will only be allowed to drive if you accept an ignition interlock device.

An administrative judge is more likely to refuse to modify your license suspension if you caused an accident which resulted in property damage, personal injury, or death, or if you had a minor in your vehicle. or Authorities are typically very harsh on people who have committed DUI or DWI offenses, which is why it is important to contact a knowledgeable Maryland MVA hearings attorney to protect yourself if charged with a drunken driving-related crime.

MVA Hearings to Challenge Suspended Licenses

People can challenge the automatic license suspension by requesting an administrative hearing at the Office of Administrative Hearings (OAH) with the MVA. You must send a postmarked request along with a check for the hearing fee within ten days of your arrest. If you miss this deadline you can make the request within 30 days of your arrest, but your license suspension may take effect before a hearing can be scheduled.  A Maryland DUI lawyer will be able to make the administrative hearing request, as well as request a stay of the client’s license suspension until a hearing can be held.

In order to challenge the suspension, you must attend a hearing at the OAH. All hearings are scheduled approximately four to six weeks from the requested date, and challengers will be notified by mail of the hearing location, date, and time. At the hearing, the MVA would have already submitted documentation in electronic form to the OAH. You will have the opportunity to address the evidence provided and argue that the administrative law judge should modify their license suspension.
Some defenses include:

• The officer lacked jurisdiction
• The officer fails to appear after a subpoena has been issued
• The officer failed to advise the driver of their rights on the temporary license form
• The breath test operator failed to follow regulations
• The breath test result was within a margin of error

Additionally, it is advisable to provide the administrative law judge with proof of your enrollment in an alcohol education program and participation in AA meetings. The ALJ may be more likely to modify your license suspension if you can demonstrate that you take the incident seriously and are taking steps to manage your alcohol use.

Once the hearing is complete, the OAH will notify the MVA of the results in order to update the driver’s record. If someone’s license is suspended, and the person did not give it to the administrative law judge, they must return their last issued license to the nearest MVA branch. Once the MVA is in possession of the license, the suspension period will begin.

Restricted Licenses

Drivers may request a restricted license after they have been charged with a DUI if they submitted to a chemical test and their tested BAC was between 0.08% and 0.15%. A restricted license allows you to drive to or from work, school, medical appointments, and alcohol education classes. If you have other critical needs to drive, your Maryland defense attorney could ask the judge to consider those needs at your MVA hearing.

You must provide letters from your employer or school confirming your employment or enrollment and shift or class times. Additionally, you should provide proof of your enrollment in any alcohol education programs so that you can be permitted to drive to these classes as well.

An Ignition Interlock Device Can Preserve Your Driving Privileges

If you refused a chemical test or your BAC was above .14, you may still be able to restore your driving privileges by participating in the Ignition Interlock Program. This equipment blocks your car from starting if it detects alcohol on your breath. 

You must rent the equipment,  pay to have it installed by an authorized service provider, and pay for training in its use. The installation provider typically also provides training. You must pay a monthly service fee and keep a monthly service appointment for downloading of the data the device collected.

You may request to have an ignition interlock device installed in your vehicles when you are not eligible for license suspension modification. Once you have installed the equipment, you will be issued a restricted driver’s license to drive to and from work, school, or DUI recovery programs. You may need to install the device on every vehicle in your household. Speak with an experienced Maryland drunk driving defense attorney if you want to install an ignition interlock system rather than accept a mandatory license suspension.

Hiring a Maryland MVA Attorney

If you hire a Maryland MVA hearings lawyer to defend you in court following a DUI or DWI charge, you will have someone on your side who will explore every angle possible while building your defense. A well-qualified lawyer will have previous experience working with the prosecutors and judges in the Maryland court system.

Kush Arora is an experienced criminal defense attorney and he will work to build the strongest defense possible. If you have been charged with DUI or DWI, contact Mr. Arora’s Maryland law office today to schedule a free consultation.