The distinction between driving under the influence of alcohol (DUI) and driving while impaired by alcohol (DWI) is one of degree.
Driving Under the Influence of alcohol (DUI) is the more serious crime and requires either a breath test result of 0.08 or more (“DUI Per Se”) OR a finding that the alcohol the driver has consumed has substantially impaired the driver’s normal coordination. The maximum penalties are as follows:
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.
The length of your suspension depends on whether you agreed to take the breath/blood test and the test result.
For breath test results over 0.08 but less than 0.15:
1st Time= 180 Days (6 months)
2nd or More= 180 Days (6 months)
For breath test results of 0.15 or more:
1st Time= 180 Days (6 months)
2nd or More= 270 Days (9 months)
For breath or blood test REFUSALS:
1st Time= 270 Days (9 months)
2nd or More= 2 Years
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.
Do not confuse your MVA license suspension hearing date with your District Court DUI/DWI court date. Maryland punishes you by taking your license in an administrative proceeding and then punish you again in court on your criminal charges.