Challenging An Anne Arundel DUI License Suspension
There are three different types of penalties in Maryland that can arise from a DUI arrest.
The first is if an individual blows into the breathalyzer and blows between .08 and .14. If that happens then for a first offense, there will be a suspension of the license for 45 days and that can be modified to allow an individual to drive for work, school, alcohol education, and medical appointments.
If the individual agrees to blow into the breathalyzer and blows a .15 or higher then there is no modification of the suspension and the suspension is 90 days. The only way that an individual can drive is if they agree to do the Ignition Interlock Program which requires them to put an interlock in their vehicle for a period of one year.
If they are going to refuse to submit to a breathalyzer test in the station then the suspension is for a 120 days or the individual can do the same Interlock Program as somebody who blew in excess of .15.
Challenging a License Supsension
There is a time limit to request the hearing. If a hearing is requested within 10 days of the incident then the MVA will automatically issue an extension of your temporary license to allow you to continue to drive until the hearing.
The hearing can be requested after 30 days from the date of the incident however if it is more than 10 days, then the MVA is not obligated to extend your temporary driving privileges until the day of the hearing.
If the individual does not request a hearing then they are not going to be able to challenge the suspension of their license. It is very important to speak to an Anne Arundel DUI attorney after the incident so that the attorney can assess whether or not it is best to request a driver’s license suspension hearing.
Requesting a Restricted License
There are many circumstances where you can get a restricted license; specifically in case where you blow below a .15. Those types of suspensions are modifiable for a reasonable set of circumstances. The restricted license can allow you to drive to work, to school, to any kind of court ordered activities or alcohol education and for medical appointments for yourself or your family.
If an individual blows a .15 or higher or refuses to do a breathalyzer they are not eligible for that type of modification. The only kind of modification they are eligible for in those types of cases is the one that requires them to put an Ignition Interlock in their vehicle for a period of 1 year.
MVA Hearings for License Suspensions
Administrative hearings are a lot less formal than court hearings. At an administrative hearing, it is usually just the licensee, the person whose license is supposed to be suspended, their Anne Arundel DUI attorney and the administrative law judge. There is no prosecuting attorney, there is no police officer in the vast majority of cases. The hearings are usually conducted in a hearing office rather than in a formal court room.
At that hearing the defendant, the person whose license is supposed to be suspended has the opportunity to show why their license shouldn’t be suspended. That can be some defect in the MVA’s case; either they don’t have all the necessary paperwork, there are errors in the paperwork or it can be a factual defense that they were not driving, that they weren’t advised of their rights, the officer told them that they were going to refuse even though they were wanting to do the test. At that hearing the individual also has the option of asking for a modification of the sentence. They can ask for the work permit that we previously discussed or ask to participate in the Ignition Interlock Program.