Driver’s License After a Somerset First Offense DUI
You can challenge the suspension of your license after a first time DUI in Somerset, depending on what the suspension is for. If a person had been convicted in District Court of a DUI, and the judge did not grant probation before judgment, then the points would be assessed to the person’s privilege to drive. One option for the defendant at that point would be to appeal their case to the Circuit Court.
In Maryland, if you have a trial in District Court, and you are not satisfied with the outcome, you are allowed to appeal to the Circuit Court, and you get, what is called a trial de novo, which essentially means, to get a brand new trial. By appealing to the Circuit Court, the MVA may not take any action at that point on the suspension, opting to wait and see what happens at the Circuit Court level.
Also, it is important to understand exactly why it is that your license may be suspended. If you are facing a suspension because you refused to take a breathalyzer or you blew a certain result on the breathalyzer; then there are several options that need to be discussed and decided upon. It is important to understand why your license may be suspended, and from that point then understanding what is the best option to challenge that suspension.
Requesting An MVA Hearing
Requesting an MVA hearing is often a good option for somebody who blew a certain result and absolutely has to drive because of work or school. Most of the hearing officers are very understanding of that, and will authorize somebody to have a restricted license. Specifically what happens is, the driver would attend the hearing at the MVA, they would need to bring some sort of proof that they are employed; that they need to drive either to or from work or that they are under the care of a doctor, and they need to drive for doctor’s appointments, etc..
A restricted license looks a lot like a regular plastic license except there is a notation on it that indicates that that person can only be driving for very limited purposes. If the driver has a restricted license but they are driving for a different purpose, then they could get in trouble and be cited for violating the restriction on that license. It is very important for a driver to understand, if they receive a restricted license, they only should be driving for those very limited purposes. It is better than not being able to drive at all. A person on a restricted license will be able to continue to drive to get to work, they cannot, however, drive to go to the grocery store, or drive to go visit a relative, or something like that. They are going to have to find an alternative means of transportation.