What happens to Your Maryland Driver’s License After a DUI – DWI – Drunk Driving Arrest in Maryland?
In Maryland, any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented, subject to the provisions of §§ 10-302 through 10-309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title.
You may refuse to submit to the test(s), unless you were in a motor vehicle accident resulting in the death of or life-threatening injury to another person.
What happens if I refuse to submit to test of my breath or my blood in a DUI – DWI arrest?
If you refuse to submit to the test, or submit to the test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your Maryland driver’s license will be confiscated, you will he issued an Order of Suspension and, if eligible, a temporary license valid for 45 days will be issued to you.
What will be the period of suspension imposed on me if I refuse to submit to a test or the results of my tests are 0.08 or more?
Q: What if my test result is an alcohol concentration of at least 0.08 but less than 0.15:
A: The suspension will be 45 days for a first offense and 90 days for a second or subsequent offense.
Q: What is my test result is an alcohol concentration of 0.15 or more:
A: The suspension will be 90 days for a first offense and 180 days for if second or subsequent offense.
Q: What if I refuse to submit to a test:
A: The suspension will he 120 days for it first offense and one (1) year for a second or subsequent offense
What can I do to keep my license or my privilege to drive in Maryland if my license is confiscated after a DUI – DWI in Maryland?
Can I receive a Modification of the Suspension or Issuance of a Restrictive License if my test result is an alcohol concentration of 0.08 but less than 0.15?
The suspension may be modified or a restrictive license issued at a hearing in certain circumstances. You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing. Your request for a hearing must be made in writing. You may use the “Hearing Request” form if available. Send your request to the Office of Administrative Hearings at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301. You must include a check or money order for $125.00, which is the required filing fee, made payable to the “Maryland State Treasurer.” Your request for a hearing will be invalid if submitted without the required $125.00 filing fee.
Can I receive a modification of the suspension or issuance of a restrictive License if I refuse a test, or take a test with a result of 0.15 or more?:
You will be ineligible for modification of the suspension or issuance of a restrictive license, unless you participate in the Ignition Interlock System Program under § 16-404.1 of the Maryland Vehicle Law. This program requires the vehicle(s) you drive to be equipped with a device that prevents you from operating it if you have alcohol in your blood. At a hearing, if you request one, an administrative judge may modify a suspension by permitting you to participate in the Ignition Interlock System Program for one year, but is not required to do so. Instead of requesting a hearing, you may elect to participate in the Ignition Interlock System Program for one year, instead of the period of suspension, if the following conditions are met: 1) your driver’s license is not currently suspended, revoked, canceled, or refused; 2) you were not charged with a moving violation arising out of the same Circumstances as the Order of Suspension that involved the death of, or serious physical injury to, another person; and 3) within thirty (30) days of the date of the Order of Suspension you a) elect in writing to participate in the Ignition Interlock System Program for one year, instead of requesting a hearing, and b) surrender a valid Maryland driver’s license or sign a statement certifying that the license is no longer in your possession. An ignition interlock election form is located on the reverse side of the driver’s copy of the Order of Suspension that you received from the police officer the night of the DUI – DWI arrest.
Your Driver’s license or Privilege will be Suspended on the 46th Day after the Order of Suspension if:
You do not request a hearing within 10 days of the date of the Order of Suspension or, if eligible, you do not elect within 30 days of the Order of Suspension to Participate in the Ignition Interlock System Program for one year instead of requesting a hearing. If you submit a valid hearing request, a suspension will not be imposed unless a decision is rendered against you, or if you fail to appear for the hearing.
If you’ve been charged with DUI or DWI in Baltimore County, Harford County, Howard County, Anne Arundel County, or any other jurisdiction in Maryland, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410.288.2900 for immediate help.