Montgomery County, MD MVA Hearing Attorney
Are you facing serious traffic or DUI charges that involve an administrative hearing? Contact a Montgomery County, MD MVA hearing lawyer with our firm today to ensure that you enter into this hearing fully informed and with experienced representation. It can make a big different. Call our law offices today to learn more.
The penalties for driving under the influence in Maryland are severe. In addition to criminal penalties such as jail time, fines and fees, and mandatory alcohol safety training, there are administrative penalties, as well making it important that you consult with a Montgomery County DUI lawyer.
You probably realize that facing a judge in a criminal courtroom requires the services of a lawyer. However, when you are arrested for a DUI in Maryland you may be subject to the Motor Vehicle Administration (MVA) for the determination of your license suspension. Like a criminal trial, this hearing is an actual legal proceeding for which the use of an attorney is highly advised.
Securing the services of a Montgomery County, MD MVA hearing lawyer immediately following your DUI arrest is of the utmost importance in your case.
Administrative Hearing Request
When you are arrested for a Maryland DUI your license will be confiscated, and you will be issued an Order of Suspension. By submitting a request for an MVA hearing to the Office of Administrative Hearings within 10 days of the Order of Suspension, you may be able retain your driving privileges in the days leading up to your administrative hearing. If you fail to submit your written request within this 10-day time frame, along with a $150 request fee made payable to the Maryland State Treasurer, the loss of your driving privileges will remain in effect until your case is resolved. It is very important that you seek legal counsel immediately to avoid this excessive and unnecessary term of suspension.
If you are facing MVA penalties for a Maryland DUI, you should submit your written request for an MVA hearing – within 10 days of the arrest – to the OAH located at 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301. In approximately 4 to 6 weeks, you will receive a Notice of Hearing which will contain the location, date, and time of your hearing. For the specific details regarding your hearing, however, be sure to refer to your hearing notice.
If you submit a valid MVA hearing request within 10 days, a license suspension will not be imposed unless a decision is made against you or you fail to appear for your scheduled hearing. Then a Montgomery County, MD MVA hearing lawyer can help you protect your driving privileges.
MVA License Suspension
The ADVICE OF RIGHTS contained in §16-205.1 of the Maryland Transportation Article specifies the term of license suspension for DUI or DUI-related offenses:
- If your test result is an alcohol concentration of at least 0.08 but less than 0.15: The suspension will be 45 days for a first offense and 90 days for a second or subsequent offense.
- If your test result is an alcohol concentration of 0.15 or more: The suspension will be 90 days for a first offense and 180 days for a second or subsequent offense.
- If you refuse to submit to a test: The suspension will be 270 days for a first offense and one (1) year for a second or subsequent offense.
A restricted driver’s license or modification to the suspension of driving privileges may be made at the discretion of the presiding ALJ. Such modifications are only available for first time offenders with a BAC in the range of 0.08 to less than 0.15 percent at the time of arrest.
A driver who refuses to submit to a test of who registers a BAC of 0.15 percent or greater is normally ineligible for modifications to the suspension unless he or she agrees to participate in the Ignition Interlock Program. After utilizing an ignition interlock device for a full year, the offender may be allowed to drive with certain restrictions.
MVA Hearing Representation in Montgomery County, Maryland
If you have been arrested for a Maryland DUI, you may have questions regarding the proceedings that will take place and the penalties associated with your offense. Do not try to figure things out on your own. Rely on the experience and proven knowledge of a legal professional. Our Montgomery County, MD MVA hearing lawyers can provide effective representation both in DUI administrative hearings and in criminal cases. Contact our law offices today to schedule a free personal consultation.