Restricted Licenses and Maryland DUI
After a DUI charge, it is possible to have restrictions get placed on your license. To fully understand the implications of a restricted license, contact one of our Maryland DUI lawyers today.
Challenging a License Suspension
There are opportunities for a person to challenge the suspension. When somebody has refused the breath test for a medical reason, a challenge is appropriate. If somebody is willfully refusing a chemical breath test, generally the Motor Vehicle Administration doesn’t offer them a choice other than taking the 120-day suspension or participating in the interlock program for 12 months.
Restricted Licenses for DUI Offenders
There is no restricted license available for an individual who refuses the breath test or an individual who has a blood alcohol concentration of .15 or higher. Restricted licenses are only available to individuals who give a chemical breath test of .08 to .14. In those situations an individual must show a good reason why they need a driver’s license, for example to drive to and from work, school, alcohol education, or medical appointments. Other than that, there are no restriction options available for an individual to be able to drive.
The Process of Requesting a Restricted License
A Motor Vehicle Administration hearing usually needs to be requested within a certain period of time. Generally speaking, an individual has to request the hearing within 10 days in order to preserve their right to challenge certain issues associated with their driver’s license. Individuals who are arrested for driving under the influence of alcohol will receive an “Officer’s Certification and Order of Suspension.”
That document provides the details regarding how to request a Motor Vehicle Administration hearing. Once that administrative proceeding is scheduled at a Motor Vehicle Administration office in their county, the person’s attorney is able to challenge the suspension of their privilege to drive.
Hearing for Restricted Licenses
The state is not present at the Motor Vehicle Administration’s suspension hearing. It is the MVA against the defendant because it is an administrative proceeding. The MVA does not even send a representative to these proceedings; there is simply a sequence of documents presented to the defendant and their attorney, and the judge goes through those documents to determine the sufficiency of the MVA’s case.
The MVA has to prove via those documents that the officer had reasonable grounds to stop the individual’s vehicle, ask the individual to step out of the vehicle, and offer the individual a chemical breath test at the station. They also have to prove that the individual was properly advised that they have the right to take or refuse the chemical breath test and what the consequences would be if they took or refused the chemical breath test, and there must be a signature that affirms that the individual read and understood those instructions.