What Happens to My License After Being Arrested for a DUI in Maryland?

In Maryland, getting arrested for driving under the influence can come with a lot of stressors about the unknown. After a DUI arrest, a licensee must take steps to avoid a license suspension. An attorney can ensure that you have taken the right steps and advise you throughout the process to minimize your anxiety about what is to come.

“I’ve Been Arrested for Drunk Driving” … What Should I Do Now?

             Read your paperwork! After a DUI arrest, a variety of documents are provided to the licensee upon their release from jail. These are important documents and should be reviewed and kept in a safe place. When arrested for a DUI, the arresting officer is likely to seize your driver’s license unless you have an out of state driver’s license. An officer will then provide you with a DR-15A form - this form acts as both the Order of Suspension, as well as a temporary license. The officer then submits a copy of the DR-15A form to the Motor Vehicle Administration (MVA) to notify the MVA that a licensee has been arrested on DUI-related charges. Even if you have an out of state driver’s license, your privilege to drive in Maryland will be suspended unless you request an administrative hearing or install Interlock in your vehicle.

Within 10 days of the arrest, but NO LATER THAN 30 days following a DUI arrest, the licensee or the licensee’s lawyer should request an MVA hearing. Since the temporary license is only valid for 45 days, If the hearing is not requested within 10 days of issuance of the DR-15A form, your license will be suspended until the hearing if the hearing cannot be held within the 45 day period. The DR-15A form provides you with important information on how to request the hearing, such as where to send requests, and costs per request ($150 payable to the Maryland State Treasurer).

Should I always request an MVA hearing?

 While the general rule is that a licensee arrested for DUI should request an MVA hearing, there are some circumstances where it may not make sense. For example, a person who refused a breath test or blew a 0.15 or above is not eligible for a license modification. In these circumstances, it is usually better to install the ignition interlock device on your vehicle, because an Administrative Law Judge (ALJ) does not have authority to modify a suspension in these circumstances. It is always best to speak with a lawyer first because there may have a defense available. In addition, if the licensee is a mechanic or must drive multiple vehicles for work, an ALJ could grant a multi-vehicle exception to the Interlock requirement.

What is an MVA Hearing and What Does it Entail?

            An MVA hearing on an Order of Suspension for a DUI is administrative hearing that occurs through the Office of Administrative Hearings (OAH) to determine whether the suspension will be modified. The hearing is conducted in front of Administrative Law Judge and has no bearing on any criminal proceedings associated with the arrest. Even if no criminal charges are being brought against you, the MVA hearing will take place. At the hearing, an attorney can be helpful if a licensee has a defense or wants to request modification of the suspension to permit the licensee to drive to/from work or school. The Judge will listen to the case presented and witnesses may be presented.

            A modified suspension essentially allows the licensee to drive only for specific purposes, such as driving to work, school, or certain substance abuse treatment programs. A restricted license may be granted only if you agreed to submit to a chemical test to determine your blood alcohol content (BAC) at the time of driving under the influence. Only those whose BAC results are between .08 and .14 are eligible for a restricted license. Refusals and BAC’s over 0.14 must either accept the suspension or install the ignition interlock device.

How long will my license be suspended?

             For refusing to submit to a breath test, the suspension if for 270 days for a first offense and two (2) years for a second or subsequent offense. For a BAC between 0.08 – 0.14, the suspension shall be 180 days for a first or subsequent offense. For BAC’s of 0.15 or more, the suspension shall be for 180 days for a first offense and 270 days for a second or subsequent offense.

What if I do not request an MVA hearing?

             In lieu of requesting an MVA hearing, individuals who were arrested for a DUI may elect to participate in Maryland’s Ignition Interlock Program. If eligible, the MVA will issue a licensee an Interlock-restricted license. This means that the licensee may only drive vehicles equipped with an Interlock device unless an exception has been granted for work vehicles only. The ignition interlock requires a driver to blow into a device to determine the estimated BAC of the driver. If the BAC registers more than 0.025, the vehicle will not start.

            Individuals who opt into the ignition interlock program must participate for a specified amount of time, depending on what their BAC was at the time of arrest. If you blew between a .08 and a .15, you are required to participate for a minimum of 180 days. If your BAC was above a .15, you must participate for a minimum of 1 year. If you refused a test at the time of arrest, you must participate for a minimum of 1 year. The length of participation may be extended for violations of the program.

               Getting arrested for a DUI can be very stressful and affect a licensee’s ability to drive – it is very important to talk to a lawyer to protect your rights and advise you on the best way to proceed. Contact our office at 240-396-4373 or click here to learn more.