Maryland: How long will my license be suspended? - Arii Law Firm, LLC

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(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.)