LEGAL GUIDE
Written by attorney Scott Carl Athen | Dec 17, 2010

10 Things to Know and Do Within 10 Days of your DUI Arrest

  1. If you need to save your driver's license or driving privileges, you must request a Motor Vehicle Administration Hearing within 10 days of the Issue Date of the Officer's Certification and Order of Suspension, if you want a hearing before your license is suspended! 2. All requests for Motor Vehicle Administration (MVA) Hearings must be made within 30 days of the arrest (request will be INVALID if check for $125.00 included) You can get a copy of the Hearing Request form ** Here. If time is running out, or if the 10 days have already passed, contact the **Scott Athen immediately at 443-324-5289. 3. The Officer's Certification and Order of Suspension is the white Maryland MVA paper with red lettering (called the ** DR-15A** in the upper right hand corner). This paper is your drivers license until your MVA hearing - carry it with you and care for it as if it is your regular driver's license! 4. Even if you did not receive this MVA paper, the Maryland MVA will probably take action against your driving privileges. 5. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges. 6. The Officer's Certification and Order of Suspension is valid for only 45 days from the Issue date. 7. Do not confuse the request for a MVA hearing with your court date! The MVA and court proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the MVA confuses or misleads you to believe that the Officer's Certification and Order of Suspension is good "until the court date". If there are approximately 45 days from your arrest date to your court date, this may be a dangerous coincidence. There are usually months before your trial takes place. 8. There are 3 issues at a hearing if you took a Blood Alcohol Concentration (BAC) test. The issues are (1.) Whether the officer had reasonable grounds to believe that the person had been driving under the influence; (2.) The person either refused to take the BAC test, or the person submitted to the test which indicated a BAC of 0.08 or more at the time of testing; and (3.) The person was fully advised of the MVA sanctions that shall be imposed. 9. The MVA has the burden of proof, and must prevail on all three issues. If the MVA meets the burden of proof on 2 issues, you win!. 10. If Scott Athen knocks out 1 MVA Hearing issue - you avoid loosing your license to suspension or revocation! (which may last as long as 3 years!)

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