Greenbelt MVA Hearing Lawyer
The penalties for a criminal DUI or DWI conviction may include fines and jail time which vary in severity based upon the number of prior convictions, blood alcohol content (BAC) at the time of arrest, and other aggravating factors. Even without a criminal conviction, however, an alleged drunk or impaired driver may incur administrative penalties imposed by the Maryland Motor Vehicle Administration (MVA).
When you are arrested for driving under the influence (DUI) or driving while intoxicated (DWI) in the Greenbelt area, your license will immediately be confiscated by Maryland law enforcement. Within 10 days of the offense, you may submit to the MVA to request a hearing to convince the Administrative Law Judge (ALJ) that your driving privilege should not be suspended, that your suspension should be reduced or modified, or to prove that the case against you is insufficient or fails to meet the necessary legal requirements. Failure to act in a timely manner may result in a total loss of your right. Please contact a Greenbelt MVA hearing lawyer for a consultation.
If you have been arrested for an alcohol-related driving offense, you need the help of a legal professional who is experienced with the complex process of MVA hearings, to help you retain your right to drive. Regardless of the criminal repercussions, you may be able to avoid lengthy and unnecessary license suspension. Contact an MVA hearing attorney to provide you with the legal guidance and representation you need to limit the impact of a Maryland DUI.
Requesting an MVA Hearing
Many understand that driving while intoxicated or impaired can lead to serious consequences, but few realize the process by which convicted offenders are penalized. Under the Code of Maryland Regulations (COMAR), the MVA is granted the authority to suspend or revoke an individual’s driving privileges. The MVA may suspend or revoke a license based on a number of driving infractions, which include, but are not limited to, the following:
- Driving under the influence (DUI)
- Driving while intoxicated (DWI)
- Refusal to submit to chemical testing
- Failure to pay traffic fines
- Failure to appear in District Court
When a driver receives notification of an Order of Suspension, he or she must act quickly to request an MVA administrative hearing. This hearing request must be made in writing and submitted along with a $150 filing fee made payable to the “Maryland State Treasurer.” The request and fee are to be sent to the Office of Administrative Hearings (OAH), which is located at 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301.
According to the MVA, “If a hearing is requested within 10 days of the “order of suspension” date and your Maryland Driver’s License was surrendered your license will not be suspended before you appear for the scheduled hearing. If a hearing is requested between 11 to 30 days of the “order of suspension” date the suspension still takes effect on the 46th day of the “order of suspension” date. A hearing request postmarked after the 30th day for the “order of suspension” date will be denied.”
If your request is received in a timely manner, you will receive a Notice of Hearing which informs you of the date and time of your hearing. Not all hearings are held at the same location, so it is important to pay attention to the specific location to which you are assigned. Failure to appear will result in an automatic suspension of your driving privilege. Because an MVA hearing in Greenbelt is a legal proceeding, it is best to have an attorney to provide you with the skilled representation necessary to help you avoid a loss of your driving privileges.
Administrative License Suspension
Even for first time offenders in Greenbelt, the period of suspension can be lengthy:
- BAC 0.08 to 0.14 – 45-day license suspension
- BAC 0.15 or higher – 90-day license suspension
- Refusal to submit to testing – 120-day license suspension
Subsequent offenses or compounding offenses may result in longer terms of suspension or even license revocation. A DUI attorney in Greenbelt can help you better understand both the civil and administrative penalties which are applicable to your specific case.
MVA Hearing Representation in Greenbelt, Maryland
With the help of an MVA hearing lawyer, you may be able to avoid license suspension or receive a modified suspension which allows you to drive to work, school, or other important locations or appointments. Having an experienced legal professional advocating on your behalf is key to maintaining as much driving freedom as possible. Timing is crucial when it comes to administrative cases. Do not hesitate to call today to schedule your free consultation with a Greenbelt DUI attorney.