License Suspension

(Noah’s Law, with increased penalties for drunk driving, became effective 10/1/2016.)

My license was confiscated by the police officer, what should I do?

If your license was taken away from you upon your arrest for DUI/DWI, you were most likely issued a “Temporary Driver’s License”. This white piece of paper authorizes you to continue driving for 45 days. After the 45th day, your license will be suspended, unless you timely request a hearing (10 days to guarantee the extension or 30 days to guarantee a hearing, but possibly not an extension of your temporary license*) and the MVA sends you a notice extending your temporary license. If you would like to continue driving to work, school, and/or alcohol education or treatment after the 45th day, you will need to speak with an attorney to determine whether or not you should request an administrative hearing to extend your driving privilege, as there are times when a hearing is not in your best interest, particularly when the driver refused the breath/blood test and in situations when the breath test result was 0.15 or higher or if it is the driver’s second offense within 5 years, in which case an ignition interlock device, discussed below, should be considered.

*The administrative hearing request (with payment) must be postmarked within 10 days of your arrest to ensure uninterrupted driving privileges until your hearing date. If the hearing request is postmarked more than 10 days after arrest the applicable suspension may begin to run if the hearing is scheduled more than 45 days after arrest. If the hearing request is postmarked more than 30 days after arrest, it is unlikely that you will get a hearing.*

If you do not want to drive around with the paper “Temporary Driver’s License”, you can obtain a DUPLICATE DRIVER’S LICENSE FROM THE MVA.

How long will my license be suspended?  (Noah’s Law became effective 10/1/2016)

For breath test results over 0.08 but less than 0.15:

Effective Oct. 1, 2016:             

1st Time= 180 Days (6 months)

2nd or More= 180 Days (6 months)

PRIOR to Oct. 1, 2016:

1st Time= 45 Days (1.5 months)

2nd or More= 90 Days (3 months)

If you submitted to the breath test and blew over 0.08 but less than 0.15, and you have not had a prior violation in the last 5 years, you may also be eligible for a restricted license that allows you to drive for alcohol treatment and/or for work, and for school or medical care for yourself and your immediate family member.  A letter from your employer documenting your need to retain your driving privileges is helpful as well as copies of your pay stubs. Also, documents supporting the fact that you are enrolled in and attend alcohol treatment is helpful.  You will not be eligible for restricted license if you do not request a timely hearing.  Alternatively, you can participate in the Ignition Interlock Program for 6 Months and drive anywhere.

If the offense involves a motor vehicle fatality, the suspension is 6 months for a first offense and 1 year for a 2nd or subsequent offense.

For breath test results of 0.15 or more:

Effective Oct. 1, 2016:             

1st Time= 180 Days (6 months)

2nd or More= 270 Days (9 months)

PRIOR to Oct. 1, 2016:

1st Time= 90 Days (3 months)

2nd or More= 180 Days (6 months)

If you submitted to the breath test and blew 0.15 or above, the only restricted license available to you requires participation in the Ignition Interlock Program for one year.  (The back of your “Temporary Driver’s License” issued by the police officer will have information for installing the ignition interlock device.) If you need to drive a company or employer provided vehicle, CONTACT MS. ARII to discuss the possibility of noninterlock work exemptions.

If the offense involves a motor vehicle fatality, the suspension is 1 year for a first offense and for a 2nd or subsequent offense, your license will be revoked.

For breath or blood test REFUSALS:

Effective Oct. 1, 2016:             

1st Time= 270 Days (9 months)

2nd or More= 2 Years

PRIOR to Oct. 1, 2016:

1st Time= 120 Days (4 months)

2nd or More= 1 Year

If you REFUSED the breath or blood test (if the blood test was requested by an Drug Recognition Expert or other authorized or trained drug recognition examiner), the only restricted license available to you requires participation in the Ignition Interlock Program for one year.  (The back of your “Temporary Driver’s License” issued by the police officer will have information for installing the ignition interlock device.) If you need to drive a company or employer provided vehicle, CONTACT MS. ARII to discuss the possibility of noninterlock work exemptions.

If a judge or jury finds beyond a reasonable doubt that you knowingly refused to take a breath test and if you are convicted under:

  1. Maryland Transportation Article 21-902, you are subject to an additional criminal penalty of two months in jail and/or $500; and
  2. Maryland Transportation Article 21-902 (b) or (c), the Court shall require you to participate in the Ignition Interlock Program for one year. (If you elected to participate in the Ignition Interlock Program prior to court, you will receive credit for any time previously served.)

Can I avoid suspension of my license?

If you request a hearing, the MVA, through documentary evidence (usually your driving record, pink form advising of your rights with respect to the breath test, and the breath test results) must prove to the administrative law judge the following elements:

1. There was reasonable grounds to believe that you were driving or attempting to drive while under the influence of alcohol.
2. There is evidence of the use of alcohol.
3. You were advised of your rights to submit or not submit to the breath test at the police station.
4. That you were requested to take the breath test.
5. You drove with 0.08 or above OR refused to take the test.

CONTACT MS. ARII to discuss whether the MVA can prove the above listed elements.

An experienced attorney can help you develop factual and legal defenses to the DUI/DWI charges and place the burden on the state prosecutors to prove their case against you beyond a reasonable doubt.  Find out how Ms. Arii can help you resolve your DUI, save your license, and secure your job and future without charge or obligation:  CLICK HERE TO CONTACT MS. ARII.

C. Sei-Hee Arii has been defending DUI/DWI charges since 2001.  She is a passionate DUI/DWI attorney committed to keeping abreast of DUI/DWI technology and changes in DUI/DWI law affecting her clients.  For example, since 1981, law enforcement officers began using the National Highway Traffic Safety Administration’s (NHTSA) Standardized Field Sobriety Test (SFST) at the roadside to help determine whether motorists who are suspected of DWI have blood alcohol concentrations greater than the legal limit.  Law enforcement officers receive training enabling them to perform DWI detection and SFTS.  To level the field in court, C. Sei-Hee Arii received instruction similar to the police NHTSA/IACP Standardized Field Sobriety Test training using the most current training curriculum. In addition, she regularly attends DUI/DWI related courses, such as “Mastering Scientific Evidence in DWI/DUI Cases,” to further her DWI/DUI knowledge base. This commitment to DUI/DWI education enables her to be more effective at challenging the validity of Standardized Field Sobriety Tests and breath test devices and their reliability in court which ultimately benefits her clients.  If you or someone you know have been arrested for a DUI/DWI please contact C. Sei-Hee Arii for a free consultation.

NHTSA/IACP Standardized Field Sobriety Test Training

NHTSA DWI Detection and Standardized Field Sobriety Testing Student Course September, 2013

NHTSA DWI Detection and Standardized Field Sobriety Testing Student Course
September, 2013

Mastering Scientific Evidence in DWI/DUI Cases

Mastering Scientific Evidence in DWI/DUI Cases March, 2012

Mastering Scientific Evidence in DWI/DUI Cases
March, 2012

 

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