Will I lose my license after a Maryland DUI arrest?
Maryland drivers have given their implied consent to submit to a chemical test of their blood, breath, or urine if a lawful request is made by a law enforcement officer, who suspects they are intoxicated and unable to safely operate their motorized vehicle in the state of Maryland.
Drivers will face an administrative license suspension, which is a mandatory DUI penalty imposed by the Maryland Department of Motor Vehicles, if they either refuse to submit to a chemical test or they submit to the test and have a BAC or blood alcohol concentration above the legal limit of 0.08%.
Administrative License Suspension Penalties for DUI in Maryland
Maryland drivers who fail the test will face an immediate license suspension. First time offenders will have their license suspended for 45 days (up to 90 days if they have a very high BAC). Second time offenders will have their license suspended for 90 days. Drivers who refuse the test will face longer suspensions. First time offenders will have their license suspended for 120 days and one year for a subsequent refusal.
Note: this suspension is separate from penalties and fines which result from a later conviction of the criminal DUI charges and will still be in effect if the driver is ultimately not convicted of a Maryland DUI charge.
What happens to my license after my Maryland drunk driving arrest?
After your Maryland DUI arrest your license will be confiscated and you will be issued a temporary license. You will have 10 days from the date of the Order or Suspension to request an administrative license hearing to challenge your license suspension.
To make the request for the Maryland Administrative License hearing you must submit a Administrative Hearing Request Form in writing to the Maryland Office of Administrative Hearings and send it to:
Office of Administrative Hearings
11101 Gilroy Rd., Hunt Valley
You must include a check or money order for $125.00 made payable to the “Maryland State Treasurer.” Failing to submit the filing fee will invalidate your Maryland Administrative hearing request.
Failing to request an Administrative License hearing will also result in a license suspension on the 46th day after the Order of Suspension. To stop the suspension you must either request the hearing or agree to participate in the Ignition Interlock System Program for one year instead of requesting a hearing.
Can I get a restricted Maryland License during my administrative suspension?
Drivers may be able to get a restricted Maryland license by making a request with the judge. Drivers may also agree to install an ignition interlock device which will allow them to drive at any time during your license suspension. If you get one of these devices you have waived your right to challenge the suspension through a hearing. Talk to a DUI lawyer about your options to drive.
Additionally, the State of Maryland does not allow drivers to obtain a restricted commercial driver’s license after a DUI arrest.
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