Annapolis DUI Motor Vehicle Administration Hearing
After a person is charged with DUI, they are issued what is called a DR-1580 form and that is essentially a temporary license that is good for 45 days. After that, the individual will have their license suspended until either the defendant is found not guilty, or has completed the appropriate penalties.
Depending on the circumstances and the availability of a breath score from a breathalyzer or refusal to take the test, the accused needs to make some decisions with their lawyer. They have options including requesting a motor vehicle administration hearing to challenge the administrative suspension, doing the ignition interlock program, or if they simply want to take a straight suspension of their license. This decision is important for anyone holding a Maryland license whey they are stopped for a DUI.
Should you choose to proceed with a Motor Vehicle Administrative hearing to challenge your license suspension, contact an Annapolis DUI Lawyer for advisement in how to best to proceed and build a defense.
Challenging a License Suspension
An individual can challenge their license suspension by filing with the office of administrative hearings and sending in $150 to request the hearing. This will stay any execution of suspension, so the 45-day temporary license will be extended for another 45 days, in the case that the hearing does not take place in the first 45-days.
A DUI lawyer can absolutely help with an administrative hearing, in fact, the law in this area is very specific. An individual should have their Annapolis DUI lawyer involved in both their administrative hearing as well as in their district court or circuit court criminal hearing.
The driver must go to the hearing and be present with their lawyer. Administrative hearings are very informal. They are in small office-like settings with an administrative judge on one side of the desk, the accused on the other side of the desk with their attorney beside them. Generally, there are two computer screens with all of the evidence from the MVA that has been sent over electronically for the judge’s viewing.
Occasionally a witness will be brought into this hearing. For example, if there is a need or a purpose to question the officer with regards to the stop or any good or poor advice given at the stop or in transit back to the station or barrack, then that officer can be brought in for further questioning.
Obtaining a Restricted License
Factors that determine what happens to a person’s driving privileges include whether or not the individual submitted to a breathalyzer test, and if they did, what their BAC was determined to be. Each of these factors will lead to different types of penalties for the individual convicted of a DUI.
A person can be eligible for a restricted license depending on the circumstances. If this is their first DUI and the breath score was 0.08 to 0.14999, then they absolutely would be eligible for what is called a 45-day restricted license. Under this license type, they may be able to drive to and from school, to and from work, or to and from alcohol education.