News » Law Offices of Brian H. Clark, LLC

The Maryland Motor Vehicle Administration (MVA) has the authority to restrict, suspend or revoke your driving privileges. Prior to such action, they are required by law to give notice of the proposed action and advise you of your right to contest the restriction, suspension or revocation of your license by requesting an administrative hearing. In the context of DUI/DWI offenses, the driving privileges of persons submitting to tests for alcohol concentration that result in a reading of .08 or more, persons refusing tests for alcohol concentration, and persons violating alcohol restrictions and/or alcohol related restrictions are subject to administrative sanctions by the MVA.

If you submitted to a test for alcohol concentration that resulted in a reading of .08 or more, or if you refused a test for alcohol concentration, the arresting officer is required to confiscate your Maryland driver’s license and issue an Officer’s Certification and Order of Suspension. (If you are not a Maryland licensed driver, the officer cannot confiscate your valid out-of-state license.) This is a two-part form with the first part being a temporary driving privilege that expires on the 46th day from the date it was issued. The second part is a Hearing Request Copy. To protect your continued driving privilege and contest the suspension of your license, you must request a hearing within 10 days from the date the Order of Suspension was issued! It is important you request a hearing immediately! You can contact our office and we will assist you in completing this request, or we will request the hearing on your behalf. We are available to assist you and protect your legal rights at this critical time! There are exceptions regarding hearing requests for alcohol tests with readings above a .14, and test refusals. PLEASE READ FURTHER!

Administrative sanctions imposed against your driving privilege by the MVA are separate and independent from the court proceeding for the DUI/DWI charge. They have no impact on the criminal prosecution. You could be found not guilty in court and have your license suspended by the MVA as a result of your submission to a test resulting in a reading of .08 or more, or your refusal to submit to a test for alcohol concentration. Or, you may avoid the suspension of your license at the MVA and be found guilty or receive a PBJ for the DUI/DWI charge in court.

· REFUSALS

Suspension periods for refusing alcohol concentration tests are harsh: 120 days for a first refusal and 1 year for any second or subsequent refusal. The only modification of these suspension periods is participation in the Ignition Interlock Program for a period of 1 year. To participate in the Ignition Interlock Program in lieu of accepting a suspension period, within 30 days you must sign the consent form contained on the back side of the Order of Suspension/temporary license issued to you, have the Ignition Interlock system installed in your vehicle by an approved provider, and take your sealed provider enrollment form to any full service MVA to obtain a restricted license. Your license will be restricted to the operation of only vehicles equipped with the Ignition Interlock device.

· WHAT IS AN IGNITION INTERLOCK DEVICE?

An Ignition Interlock device is an instrument that is connected from your vehicle’s ignition system to a breath analyzer that measures a driver’s alcohol concentration. The driver must blow into a mouthpiece connected to the device, and if the device registers a reading of a .025 or higher breath alcohol content, it will not allow the vehicle to start or operate. This device will also ask for additional retests while the vehicle is being operated. It is not necessary to stop driving to submit to retesting. Your vehicle must be returned to the service provider every 30 days to review testing results and calibration information stored by the device.

· VIOLATION OF A LICENSE RESTRICTION

In certain circumstances the MVA has the authority to impose license restrictions prohibiting a licensee from driving or attempting to drive while having alcohol in their blood. That restriction is automatically applied to the license of persons under the age of 21. The MVA can also restrict a licensee from driving unless operating a vehicle equipped with an Ignition Interlock device. When persons violate these restrictions, their license is subject to suspension or revocation. When you receive a notice from the MVA of a proposed action against your license stemming from a purported violation of a license restriction, it is important to immediately request a hearing within the 15 day time limit! You are ineligible for any modification of a proposed suspension or revocation unless a hearing is requested!

· CONVICTIONS OF DUI/DWI & ACCUMULATION OF POINTS

If you are found guilty of a DUI/DWI offense, these convictions are reported to the MVA and recorded on your Maryland driving record. Those convictions, as well as other moving traffic violations, result in a points assessment: 8 points for DWI and 12 points for DUI. An accumulation of 8 points subjects your license to a period of suspension, and an accumulation of 12 points could result in the revocation of your license. Upon receipt of a notice of these proposed actions against your privilege in Maryland, you will have 15 days to contest the action and request an administrative hearing or accept their offer to participate in the Ignition Interlock Program.

The MVA may also require participation in the Ignition Interlock Program as a condition of continuing your driving privileges after receiving a DUI/DWI conviction. Durations for this requirement range from 6 to 24 months. If you are under the age of 21 and receive a conviction of DUI/DWI, the MVA can impose an Ignition Interlock restriction on your driving privileges for up to 3 years.

You are ineligible for any modification of a proposed suspension or revocation unless a hearing is requested or you accept the Ignition Interlock offer within the 15 day time period!

· THE MEDICAL ADVISORY BOARD

The Medical Advisory Board (MAB) is comprised of physicians and optometrists and is a branch of the MVA. The MVA may refer a licensee or a person applying for a driving privilege or reinstatement of a driving privilege to the MAB for evaluation if they believe the driving of a vehicle by that person would be contrary to public safety and welfare because of an existing or suspected mental or physical condition. Conditions subject to evaluation by the MAB include alcoholism, alcohol abuse and drug addiction, as well as illnesses causing a lapse of consciousness, stroke or heart disease. The MAB has the authority to deny you a driving privilege, restrict your privilege, or suspend or revoke your driving privileges.