Being charged with DUI or DWI in Maryland can lead to serious consequences with the Motor Vehicle Administration (MVA). DUI and DWI offenses carry severe penalties. If you’re convicted, it will go on your criminal record, impacting your personal life and employment opportunities. Due to the serious nature of these charges, it is crucial to contact an experienced Maryland MVA lawyer with a proven track record in criminal defense and familiarity with Maryland’s legal system.
Maryland DUI Offenses
In Maryland, drivers can be charged with either DUI or DWI if suspected of driving under the influence of alcohol or drugs. If a police officer suspects impairment, they may request roadside sobriety tests or a breath test. A DUI charge applies when the driver’s blood alcohol concentration (BAC) is 0.08% or higher. A DWI charge applies when the BAC is 0.07% or higher but less than 0.08%, or if impairment is shown by other evidence. Law enforcement may also consider erratic driving, the smell of alcohol, or other signs of impairment.
DUI Penalties in Maryland
A driver’s BAC determines whether they are charged with DUI or DWI. A DUI conviction (first offense) can lead to a fine of up to $1,000, 12 points on the driver’s record, and a license suspension of up to 180 days. A DWI conviction (first offense) may result in a $500 fine and 8 points, with a 60-day suspension. After a DUI arrest with a BAC of 0.08% or higher, the driver’s license is confiscated, and a temporary permit valid for 45 days is issued. Suspension begins after 45 days unless a hearing is requested and won. Refusing a breath test can lead to a 270-day suspension (first offense), even if not convicted criminally. A judge is more likely to impose harsher penalties if the driver caused an accident with damage, injury, or death, had a minor passenger, or had a BAC of 0.15% or higher.
MVA Hearings to Challenge Suspended Licenses
You can challenge an automatic license suspension by requesting a hearing with the MVA at the Office of Administrative Hearings (OAH) within 30 days of the arrest (10 days for priority), with a $150 fee. An experienced MVA lawyer can help file this request and represent you. At the hearing, you can challenge the MVA’s evidence before an administrative law judge with defenses like: lack of officer jurisdiction, the officer’s failure to appear, inadequate rights warnings, or breath test irregularities. Evidence of alcohol education or AA participation may support mitigation. The OAH will notify the MVA of the decision, and if your license is suspended, you must surrender it to the MVA.
Restricted Licenses
Drivers charged with DUI who submit to a chemical test and have a BAC of 0.08% to 0.14% may request a restricted license by enrolling in the Ignition Interlock Program, allowing driving to work, school, or alcohol treatment programs. If you refused a breath test or had a BAC of 0.15% or higher, you may regain driving privileges after a suspension by joining the Ignition Interlock Program, installing a device in your vehicle, and restricting driving to essential purposes like work or treatment.
Hiring a Maryland MVA Attorney
Hiring a skilled Maryland MVA lawyer can significantly affect your case. A qualified lawyer will carefully review the situation of your arrest, build a strong defense, and represent your best interests in court. With familiarity with Maryland prosecutors, judges, and the court system, an MVA lawyer can provide valuable guidance throughout the legal process.
If you’ve been charged with DUI or DWI in Maryland, contact The Law Offices of Krum, Gergely, & Oates at (301) 840-0080. Our skilled criminal defense lawyers will fight hard to build a robust defense for you. Don’t face these serious charges alone—call today to schedule a consultation and take the first step toward protecting your future.
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