Maryland First Time DUI License Suspension

While losing a driver’s license may be an overwhelming prospect, individuals are afforded certain rights. A Maryland first time DUI license suspension could be challenged with the help of a skilled lawyer. A DUI defense attorney could fight diligently on your behalf.

Consequences of a DUI Charge

When a person is charged with a DUI in Maryland, they may face immediate consequences on their driver’s license, depending on the specifics of the situation. If a person is arrested and charged with driving under the influence and their breathalyzer was over the legal limit of 0.08% of blood alcohol content, they could be subjected to an automatic temporary driver’s license suspension by the Maryland Motor Vehicle Administration (“MVA”).

While the criminal case could be dropped the next day by prosecutors, the MVA could still impose that automatic suspension if the breathalyzer indicates the person was driving over the legal limit. If the driver chooses to challenge the suspension in the short window they are given to do so, they could be granted a hearing with the MVA to present evidence as to why their license should not be suspended. The State of Maryland could be required to present evidence as to why it should be. While the State still has the burden of proof, it is a much lower burden than in a criminal case where they must prove beyond a reasonable doubt as to the issue at hand.

At the MVA hearing, the State could only be required to prove by a preponderance of the evidence that the person was operating a vehicle while impaired. It may be more likely than not that the person was impaired when operating a motor vehicle. Even if the State proves that to that degree, the person could get restricted driving privileges for a period of time that could allow them to drive to work or to school. While they may still pursue those activities, they typically cannot drive outside of those specific limited activities.

A Maryland first time DUI license suspension is temporary and typically lasts 45 to 60 days. At the end of that suspension period, if there have not been any other issues, then their driving privileges could be restored. Their driving privileges could later be affected by the outcome of the criminal case if there is a conviction. A conviction may lead to points going onto the person’s driving record which could affect driving privileges. If the person is charged with a first time DUI refuses to submit to a breathalyzer, they could also have their license automatically suspended. If they agree to submit to a breathalyzer and they do not blow over the legal limit, or if the blood alcohol content is below 0.08%, their driver’s license typically will no be affected at that time.

Consequences of a DUI Conviction

If a person is convicted of DUI, the person will automatically have 12 points imposed on their driving record and could have potential jail time, fines and court costs. In Maryland, if a person has 12 points or more on their driving record, their driver’s license will be revoked and they cannot drive. Maryland Courts could for the 12 points to remain on the person’s license for two years.

If the 12 points are imposed, the individual is typically allowed to request a hearing within 15 days. Once that the timeframe passes, they will typically be barred from filing a request for hearing. They could be granted a hearing with the Motor Vehicle Administration (“MVA”) at which time they could attempt to convince the MVA, by a show of evidence, that they should be allowed to drive or should be granted restricted driving privileges despite what may have happened in the criminal court. The only other way that people may be allowed to drive without a hearing is to participate in the “Ignition Interlock Program”.

Ignition Interlock Program

The Ignition Interlock Program is when an Intoximeter is installed in their vehicle. The driver will have to blow into the machine, and give an alcohol-free breath sample to start the engine. Periodically while driving, they will have to blow into the machine again and resubmit a clean breath sample. If the person is willing to do be a part of this program and pay for the device and installation into their car, then even with the points on their driver’s license, they could be allowed to drive with restrictions. These restrictions typically entail driving only to work, school or education, and other necessities. It will not be unlimited driving privileges as it could be with an unrestricted license.

How to Challenge a License Suspension

A Maryland first time DUI license suspension typically occurs due to points that automatically go on their license. A DUI could carry enough points to revoke someone’s driver’s license. The Motor Vehicle Administration (“MVA”) could suspend their license after the points go on the driving record. When that happens, the person could be sent a Notice of Suspension or a Notice of Revocation in the mail. Upon receipt of that Notice, the person typically 15 days to request a hearing, which they will want to do so.

MVA License Suspension Hearings

The hearing, which is conducted by the MVA, is typically the only way that they could challenge that suspension or revocation. Individuals could have a hearing within four to six weeks and could have an attorney represent them. Contrary to a criminal case, the person is not automatically assigned to a public defender since there is no right to counsel. The person is fully entitled to hire a private attorney to represent them or assist them.

At the MVA hearing, the person could show cause why the revocation or suspension should not be imposed, and express their need to drive for different reasons. While there could be flaws in the evidence independent of what happened in the criminal case and whether a conviction was imposed, they could apply for restricted driving privileges by accepting the suspension or revocation and asking restricted driving privileges. A person may ask for restricted privileges so that they could go about their daily business of going to school or going to work. Call today to speak with a well-practiced lawyer about Maryland first time DUI license suspension. An attorney could answer your questions.

Speak With a Maryland DUI Attorney

If you are concerned about Maryland first offense DUI license suspensions, reach out to a qualified attorney today. With an accomplished lawyer by your side, you could mount a defense against your charges and fight for a positive outcome. Call today to discuss your case.