LEGAL GUIDE
Written by attorney Shawn A Gritz | Aug 24, 2012

Maryland MVA Hearing Guide

MARYLAND MVA SHEET 2012

This is intended to be a general guide only and is not a substitute for reading the applicable statutes and seeking legal advice.

DWI/DUI - Generally two hearings possible

First is for mere fact of breath result over .08

Second is if no PBJ granted and conviction results

(Also possible Medical Advisory Board referral for multiple offenses)

FIRST HEARING

Must request in writing within 30 days and pay filing fee

(best if sent certified mail - return receipt requested)

Paper license good for 45 days unless/until extension letter mailed by MVA

Need to carry both on you

1st2nd +Modification possible?

Result = .08 - .14

Facing suspension for 45 days /90 days

Can be modified for Work /Alcohol Education / School / Medical

(Interlock if w/in 5 years of another)

Result = .15 +

Facing 90 days 180 days 1 yr ignition interlock (or more if repeat)

Refusal 120 days 1 year 1 yr ignition interlock (or more if repeat)

WITH A REFUSAL OR OVER .15 it is generally better to just opt for the interlock (but good attorney may get no action)

(Particularly with repeat offenders who risk Medical Advisory Board referral)

IF ELECT INTERLOCK - MUST install in vehicle and return to MVA by 30 days from incident

SECOND HEARING

  • Conviction with points (TA 16-206 & 16-404)

Generally receive letter from MVA and have 15 days to request hearing

Lengthy revocation / suspension / ignition interlock

Best to request hearing and hire lawyer

CDL License

There are different results for driver with CDL license

Generally ANY suspension (even modified) can disqualify

a PBJ on the "B" should not disqualify them from driving

a PBJ on the "A" will disqualify them

Also be careful of :

16-113 - Test over .02 or refusal = 1st - 6 month suspension / 2nd - revocation

16-213 - ANY violations on a PROVISIONAL

If client has a provisional license, a violation (even if a PBJ) will cause MVA action

(If under 18 this may also include additional sanctions)

1st offense Driver Improvement Mandatory

2nd offense May suspend up to 30 days

3rd offense May suspend up to 180 days

4th or more May suspend or revoke up to 180 days

Suspend = automatic return after time period over

Revoke = Must reapply and meet any conditions required by MVA

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