License Suspension

License Suspension

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, 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 or blood test and in situations when the breath test result was 0.15 or higher or if it is the drivers second offense within five 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 DRIVERS LICENSE FROM THE MVA.

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

How long will my license be suspended?

Noah’s Law, with increased penalties for drunk driving, 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 (six months)
2nd or more= 180 days (six months)

PRIOR to Oct. 1, 2016:

1st time= 45 days (1.5 months)
2nd or more= 90 days (three 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 five years, you may also be eligible for a restricted license that allows you to drive for alcohol treatment 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 six months and drive anywhere.

If the offense involves a motor vehicle fatality, the suspension is six months for a first offense and one year for a second or subsequent offense.

For breath test results of 0.15 or more:

Effective Oct. 1, 2016:

1st Time= 180 days (six months)
2nd or More= 270 days (nine months)

PRIOR to Oct. 1, 2016:

1st Time= 90 days (three months)
2nd or More= 180 days (six 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 Arii Law Firm, LLC, to discuss the possibility of  work exemptions.

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

For breath or blood test REFUSALS:

Effective Oct. 1, 2016:

1st time= 270 days (nine months)
2nd or more= Two years

PRIOR to Oct. 1, 2016:

1st time= 120 days (4 months)
2nd or more= one year

If you REFUSED the breath or blood test (if the blood test was requested by a 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 Arii Law Firm, LLC, to discuss the possibility of 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.)

I have been defending DUI/DWI charges since 2001. I am a passionate attorney committed to keeping abreast of DUI and DWI technology and changes in the law affecting my clients. For example, since 1981, law enforcement officers began using the National Highway Traffic Safety Administrations (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, I received instruction similar to the police NHTSA/IACP Standardized Field Sobriety Test training using the most current training curriculum. In addition, I regularly attend DUI/DWI-related courses, such as Mastering Scientific Evidence in DWI/DUI Cases, to further my knowledge base. This commitment to education enables me 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 my clients.

If you or someone you know has been arrested for a DUI/DWI, please contact me, C. Sei-Hee Arii, for a free consultation.

 

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