DUI Defense

In Maryland, it is important to see a lawyer AS SOON AS POSSIBLE after being charged with drunk driving, to fully protect your rights. Call 410-869-3400 for a FREE consultation with attorney Michael A. Mastracci.

If You Are Charged With DUI OR DWI In Maryland

The first thing that someone arrested for drunk driving in Maryland needs to do (other than to immediately schedule a consultation with a lawyer) is, WITHIN 10 DAYS OF ARREST, request a hearing with the Office of Administrative Hearings, located in Hunt Valley, Maryland.

If there is a breath or blood test with a result of .08 or higher, or the person is alleged to have refused the test, then the arresting officer probably took the driver's license and issued a 45 day temporary driver's license.

The temporary license is actually a white piece of paper that should be attached to an almost identical piece of white paper.  The second page is the hearing request copy and should be mailed to the Office of Administrative Hearings certified, return receipt requested IMMEDIATELY. (Don't forget to include a check for the required fee specified on the form to be made payable to the Maryland State Treasurer.)

If the hearing request is postmarked more than 10 days after arrest the applicable suspension may begin to run if the hearing is scheduled more than 45 days after arrest.

If the hearing request is postmarked more than 30 days after arrest, you probably can't get a hearing!

The hearings are held before administrative law judges in Hunt Valley or at MVA branch offices.

Suspension

The suspension for a test result over .08 is 45 days for a first offense and 90 days for a second or subsequent offense.

The suspension for a refusal is 120 days for a first offense and one year for a second or subsequent offense.

In some circumstances drivers may be able to avoid a complete suspension if they are willing to install an interlock device in their vehicle for at least one year.

How Can A Lawyer Help?

A lawyer can be very helpful in developing defenses to these suspensions in many cases and in assisting the driver to obtain work or education-related privileges. Unfavorable decisions may be appealed within thirty days to the circuit court of the county where the driver resides.

The hearing at the Office of Administrative Hearings, where the driver can lose his or her driver's license or privilege, is completely independent of the hearing at court where the potential sanctions can include jail, fine, probation, possibly imposition of points from the MVA, for which the driver may later be suspect to having  his or her license being suspended, after the DUI/DWI is heard in court.

In Maryland, it is important to see a lawyer AS SOON AS POSSIBLE after being charged with drunk driving.

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