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DUI/MVA Sanctions

MVA ADMINISTRATIVE SANCTIONS

The Maryland Motor Vehicle Administration (MVA) has the authority to restrict, suspend or revoke your driving privileges. Prior to such action, they are required by law to give notice of the proposed action and advise you of your right to contest the restriction, suspension or revocation of your license by requesting an administrative hearing. In the context of DUI/DWI offenses, the driving privileges of persons submitting to tests for alcohol concentration that result in a reading of .08 or more, persons refusing tests for alcohol concentration, and persons violating alcohol restrictions and/or alcohol related restrictions are subject to administrative sanctions by the MVA.

If you submitted to a test for alcohol concentration that resulted in a reading of .08 or more, or if you refused a test for alcohol concentration, the arresting officer is required to confiscate your Maryland driver’s license and issue an Officer’s Certification and Order of Suspension. (If you are not a Maryland licensed driver, the officer cannot confiscate your valid out-of-state license.) This is a two-part form with the first part being a temporary driving privilege that expires on the 46th day from the date it was issued. The second part is a Hearing Request Copy. To protect your continued driving privilege and contest the suspension of your license, you must request a hearing within 10 days from the date the Order of Suspension was issued! It is important you request a hearing immediately! You can contact our office and we will assist you in completing this request, or we will request the hearing on your behalf. We are available to assist you and protect your legal rights at this critical time! There are exceptions regarding hearing requests for alcohol tests with readings above a .14, and test refusals.

Administrative sanctions imposed against your driving privilege by the MVA are separate and independent from the court proceeding for the DUI/DWI charge. They have no impact on the criminal prosecution. You could be found not guilty in court and have your license suspended by the MVA as a result of your submission to a test resulting in a reading of .08 or more, or your refusal to submit to a test for alcohol concentration. Or, you may avoid the suspension of your license at the MVA and be found guilty or receive a PBJ for the DUI/DWI charge in court.

TEST RESULTS OF .08 TO .14:

The driving privileges of persons submitting to a test for alcohol concentration that result in a reading of .08 to .14 are subject to suspension. For a first occasion, the suspension period is 180 days. Suspension periods are subject to modification at the discretion of the MVA. You may be eligible to receive a license restricted to employment purposes and alcohol counseling/treatment in lieu of an outright suspension if you requested an administrative hearing to contest this action within 10 days. You are also eligible for an ignition interlock device. Please contact Mr. Clark for details. You are ineligible for any restricted license unless a hearing is requested!

TEST RESULTS OF .15 OR MORE:

The driving privileges of persons submitting to a test for alcohol concentration that result in a reading of .15 or more are subject to suspension. For a first occasion, the suspension period is 180days. For a second or subsequent test, the suspension period increases to 270 days. The only modification of these suspension periods is participation in the Ignition Interlock Program for 1 year. To participate in the Ignition Interlock Program in lieu of accepting a suspension period, within 30 days you must sign the consent form contained on the back side of the
Order of Suspension/temporary license issued to you, have the Ignition Interlock system installed in your vehicle by an approved provider, and take your sealed provider enrollment form to any full service MVA to obtain a restricted license. Your license will be restricted to the operation of only vehicles equipped with the Ignition Interlock device. Contact Mr. Clark if more than 30 days has elapsed, as there is a way to still obtain an interlock device.

REFUSALS

Suspension periods for refusing alcohol concentration tests are harsh: 270 days for a first refusal and 2 years for any second or subsequent refusal. The only modification of these suspension periods is participation in the Ignition Interlock Program for a period of 1 year. To participate in the Ignition Interlock Program in lieu of accepting a suspension period, within 30 days you must sign the consent form contained on the back side of the Order of Suspension/temporary license issued to you, have the Ignition Interlock system installed in your vehicle by an approved provider, and take your sealed provider enrollment form to any full service MVA to obtain a restricted license. Your license will be restricted to the operation of only vehicles equipped with the Ignition Interlock device.

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