Introduction
In Maryland, when you are arrested for a DUI, the arresting officer will confiscate your driver’s license and issue a temporary license or permit that is valid for 45 days. However, Maryland’s laws allow for an administrative penalty of a license suspension or revocation, separate from any potential criminal penalties you may face.
To challenge this administrative license suspension, you have the right to request an administrative hearing with the Maryland Motor Vehicle Administration (MVA) within 30 days of your arrest date. This hearing is separate from any criminal court proceedings related to your DUI charge.
Requesting a MVA Hearing
Requesting this MVA hearing is crucial for two main reasons:
Buy Time to Keep Driving
By requesting the hearing within the 30-day window, your driving privileges will remain active until the hearing is scheduled and a decision is made. This can potentially buy you several months of continued driving, which is essential for maintaining employment, transportation, and other responsibilities.
Challenge the License Suspension
At the MVA hearing, you and your attorney can challenge the evidence and circumstances surrounding your arrest and license confiscation. The hearing officer will evaluate factors such as the legality of the traffic stop, the validity of the field sobriety tests, and the accuracy of the blood alcohol concentration (BAC) test results. If successful, the officer may rescind or reduce the length of your license suspension.
Conclusion
It’s important to note that the MVA hearing process is separate from the criminal court proceedings for your DUI charge. Even if you are successful in challenging the administrative license suspension, you may still face criminal penalties related to the DUI charge itself.
To request the MVA hearing, you must submit a written request within 30 days of your arrest date. It’s advisable to consult with an experienced DUI attorney who can guide you through the process and represent you at the hearing, increasing your chances of a favorable outcome.
By exercising your right to an MVA hearing, you not only buy valuable time to continue driving but also have an opportunity to challenge the administrative license suspension, potentially reducing or avoiding the loss of your driving privileges.
