Howard County DUI License Suspension
DUI offenses can have serious consequences for an individual. One of the potential consequences a person may face if they are charged with a DUI offense is the suspension of a license. If you want to know more about Howard County DUI license suspension, speak with a capable DUI attorney that could answer your questions.
Driving During the First Ten Days
Following a DUI arrest, a person can continue to drive for 45 days; in fact, when a person receives an order of suspension, the order of suspension is 45 days. If the person does nothing on day 46, they will lose their license on a first offense for six to nine months. But if they take action within the first 10 days, they can get an extension of 45 days and, perhaps, avoid losing their license entirely.
There is a recently passed law called Noah’s Law. Noah’s Law was named after a Montgomery County officer who had died in a DUI check stop. It changed the sanctions for DUIs; statutes periods are much longer and now when someone is found guilty of a DUI, they are required by law to have the interlock breath device in their vehicle for a period of time as well, whereas before it was not mandatory.
Process of Challenging a License Suspension
There is a number of things someone can do to challenge a Howard County DUI license suspension, yet it is not only about challenging it, there is a lot of in between. A person can challenge a DUI offense by arguing they were not properly advised, or that the police did not follow a certain protocol. The flipside is that, even if there is enough evidence to support the loss of a license, there are things a person can do to retain their license at administrative hearings, such as get a restricted license and other possibilities that would avoid an outright suspension.
An individual would have to send a $100 check to the Office of Administrative Hearings within the first 10 days, then get an extension of a temporary license for 45 days and then go to a hearing in Hunt Valley Baltimore County, Maryland regarding the suspension.
Obtaining a Restricted License
The process of obtaining a restricted license is the same process as the one a person would participate in if they were appealing a Howard County DUI license suspension It is the same process, they must request the hearing and ask the judge to give them a restricted license if they can show a need for having one. A restricted license is only an option if a person blows under 0.15. If it is between 0.08 and 0.15, they can request a restricted license.
Assuming a person is eligible because the breath reading was in that range and they can show that they are irreparably harmed or burdened without a license (they cannot get to work or school or have certain medical needs) the judge can give them a restricted license for that suspension period for six months. They can now drive for work, for school, for medical needs, for any kind of treatment, all necessities in their life for that period of time. However, a person cannot just come in and ask for the restricted license, they must show proof of school and other scheduling and put in testimony to support the request.
Value of a Howard County DUI Attorney
Following a DUI charge, you might wonder what your next steps should be. Most people decide to challenge their Howard County DUI license suspension but that is not the only option. If someone decides that they do not want to challenge their license suspension, they could do one of two things: either not drive for the six to nine-month period or they can get the interlock on their car, in which case they can drive without restriction. They would not be suspended as long as they pay for the device and are maintaining the car. Regardless of what you decide to do, a skilled DUI attorney could be an invaluable asset in your case. Speak with a qualified lawyer that could help you determine which options are best for you.