Loss of Driving Privilege

Losing your license

Even if your case is thrown out in court, you can still face loss of your driver’s license based on a DUI arrest. §16-205.1 of the Transportation article of the Maryland Code spells out the driver’s license consequences of an arrest for DUI.

License Suspensions

If a person submits a breath test with a result between .08 and .14, they face a 45-day suspension of their driving privilege for a first offense, or a 90-day suspension for a subsequent offense. For first offenses, this 45-day suspension is modifiable. Modification means that an administrative law judge from the Office of Administrative Hearings can give a suspended driver permission to drive for work, school, alcohol education, and medical appointments during the period of suspension.

If a  person submits a breath test with a result of .15 or higher, they face a 90-day suspension of their driving privilege for a first offense, and a 180-day suspension for any subsequent offenses. These suspensions cannot be modified unless the driver agrees to participate in the Ignition Interlock Program for one year. In other words, if you blew a .15 or higher, unless you win at your MVA hearing, the only type of modified license that you can get requires you to put an Ignition Interlock into your car for one year. An administrative law judge can allow a person with an Interlock to drive an employer’s non-Interlock vehicles while on the job.

If a person refuses to submit to the breathalyzer test at the police station, the MVA will try to suspend their license for 120 days for a first refusal and for a full year for any subsequent refusals. These suspensions cannot be modified unless the driver agrees to participate in the Ignition Interlock Program for one year. In other words, if you refused to take a breathalyzer test at the police station, unless you win at your MVA hearing, the only type of modified license that you can get requires you to put an Ignition Interlock into your car for one year. An administrative law judge can allow a person with an Interlock to drive an employer’s non-Interlock vehicles while on the job.

In order to challenge the MVA’s suspension or to request a modification of the suspension, you must request a hearing. The hearing request and a check for $125 made out to “Maryland State Treasurer” must be postmarked within 10 days of your arrest in order for you to get a temporary license that will allow you to drive until the date of your hearing. The MVA will allow a person to participate in the Ignition Interlock Program without a hearing. The Hearing Request form and the Interlock Participation form are both on the temporary driver’s license that the officer issued at the police station. This form is labeled “DR-15A” in the upper right-hand corner.

Please visit our Rockville criminal lawyer and Maryland criminal defense lawyer pages for more information about the services that are provided by those offices.