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Somerset MVA Hearing Lawyer

If you are facing charges, a Somerset DUI lawyer can help you understand what to expect, including driving restrictions due to breath tests, the imposition of temporary licenses, and the context of MVA hearings. To properly prepare for your hearing and give yourself the best chance at reinstating your license consult with a Somerset MVA hearing lawyer today.

Breath Test and Drivers’ License

What happens to your license depends on whether or not you choose to take a breath test and the result of the breath test, should you elect to take it. This only applies to Maryland drivers, because the police officers cannot confiscate an out-of-state license.

It is very different if the person is a Maryland resident versus not being Maryland resident. A lot of people do not remember this from driver’s education, but when they asked the state of Maryland to license them to be able to drive a car they made an agreement with the state about the breath test. If they are driving and stopped and an officer has a reasonable basis to believe that they had been drinking, consent has already been given to take a breath test.

Therefore, refusing to do so is going to have very serious consequences for a driver. If someone has been stopped for a suspected DUI and they refuse to take the breath test, they should anticipate that their license is going to be physically taken by the police officer and the driver is going to be handed a temporary paper license. The same action will be taken as well if the person does agree to take a breath test and the result is a 0.08 or higher which makes contacting a Somerset MVA hearing lawyer important.

Suspension of Driving Privileges

Regardless of the specific reasons for the issuance, the temporary license is only going to be valid for 45 days, which is a very small window of time. On the 46th day, the privilege to drive is going to be suspended.

Next, the driver has a couple of different options. One option is that they can go into the ignition interlock program, which means they will have a device put on their car that they have to blow into before their car will start. To continue to drive, they will have to blow into that machine.

Depending on the breath test result, the individual may also have the option to drive, but it is going to be restricted. They are only going to be able to drive under certain limited circumstances, such as:

  • Going to work
  • Going to school
  • Attending a doctor’s appointment
  • Attending counseling sessions for court-mandated alcohol classes

Eventually, they will be able to get their license back, but the length of time before they can get their license back varies. To better understand the parameters that apply to your case consult with a Somerset MVA hearing attorney today.

Reinstating Driving Privileges: MVA Hearing

It is important for people to understand that under most circumstances they have got to go back to the MVA and proactively do something to have their privilege to drive reinstated. Some people think, “Well, my suspension was only for 90 days and so once the 90 days is done, I can drive.” That is not accurate. They have to go back to the MVA and get their plastic license reissued to them. The MVA will hold a hearing to determine whether the driver’s license may be reinstated.

Until they do that, that suspension is still in effect and can lead to a lot of negative consequences if the individual is stopped by a police officer and they have not gotten their actual plastic license back.