The first thing that someone arrested for drunk driving in Maryland needs to do (other than immediately schedule a consultation with a lawyer) is, WITHIN 10 DAYS OF ARREST, to request a hearing with the Office of Administrative Hearings, located in Hunt Valley, Maryland. If there is a breath or blood test with a result of .08 or more, or the person is alleged to have refused the test, then the arresting officer probably took the driver's license and issued a 45 day temporary driver's license. The temporary license is actually a white piece of paper that should be attached to an almost identical piece of white paper. The second page is the hearing request copy and should be mailed to the Office of Administrative Hearings certified, return receipt requested IMMEDIATELY. (Don't forget to include a check for $125 made payable to the Maryland State Treasurer.) If the hearing request is postmarked more than 10 days after arrest the applicable suspension may begin to run if the hearing is scheduled more than 45 days after arrest. If the hearing request is postmarked more than 30 days after arrest, you probably can't get a hearing!
The hearings are
held before administrative law judges in Hunt Valley or at MVA branch offices.
The suspension for a test result over .08 but less than .15 is 45 days for a first offense and 90
days for a second or subsequent offense. The suspension if the test result
is .15 or more is 90 days for a first offense and 180 days for a subsequent
offense. The suspension for a refusal is
120 days for a first offense and one year for a second or subsequent
offense. In some circumstances drivers may be able to avoid a complete
suspension if they are willing to install an interlock device in their vehicle
for at least one year.
A lawyer can be very helpful in developing defenses to
these suspensions in many cases and in assisting the driver to obtain work or
education related privileges. Unfavorable decisions may be appealed within
thirty days of an administrative decision to the circuit court of the county
where the driver resides.
The hearing at the Office of Administrative Hearings, where
the driver can lose his or her driver's license or privilege is completely
independent of the hearing at court where the potential sanctions can include
jail, fine, probation, and imposition of points, for which the driver may have
his or her license suspended again, after the DUI/DWI is heard in
court.
In Maryland, it is important to see a lawyer AS SOON AS POSSIBLE after being charged with drunk driving, to fully protect your rights. Call 301-345-0122 for a FREE consultation with lawyer Leonard R. Stamm.