MVA DUI Administrative Hearings
The MVA administrative hearings are especially important because they give you an opportunity to lessen the consequences that affect someone who has been pulled over for a DUI (i.e. driver's license suspension).
Should you take the Breathalyzer test?In most cases involving first offenders, Portner & Shure advises clients pulled over for DUI/DWI in Maryland to consent to take a test (usually a Breathalyzer test) to measure the alcohol concentration in their system. If you refuse the Breathalyzer test, or if you take the test and your alcohol concentration is 0.15 or more, there are severe consequences for your driving privileges, including not being able to request an administrative hearing with the Motor Vehicle Administration (MVA).
How do different BACs affect your right to an administrative hearing?In situations when you consent to take the test and your alcohol concentration is less than 0.08, you are not subject to a suspension of your driver's license, and no administrative hearing is necessary. However, if your alcohol concentration is at least 0.08 but less than 0.15, your driver's license will be suspended for 45 days for a first offense and 90 days for a second or subsequent offense. In this situation, you have the right to request an administrative hearing. You can request this hearing at any time within 30 days of the Order of Suspension to show cause why your driver's license or privilege should not be suspended. More importantly, you must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing. The request must be made in writing and must include a check or money order for $150.00, which is the required filing fee.
Why do you need to hire an experienced DUI attorney?If you have been charged with DUI/DWI in Maryland, it is vital that you hire an experienced DUI/DWI attorney who can challenge the administrative consequences, such as a driver's license suspension, and work to achieve a favorable result. In some instances, your attorney can get a modification of your license suspension or even challenge the state's entire case against you by arguing that the alcohol measuring device was not properly calibrated.