Impact of Anne Arundel DUI on Driver’s License
If you are a driver licensed in Maryland, your actual physical license will be immediately confiscated by the officer or trooper who makes the stop. You are then issued two forms, the DR 15 and the DR 15A, which then become your paper license. On the back of the form it will tell you that this is your paper license. You may keep it with you at all times. Then you will have the opportunity to request a Motor Vehicle Administration hearing. That temporary paper license is only good for 45 days unless a hearing is requested. Once the hearing is requested you can actually extend it until you are able to get a hearing. If you are pulled over and issued a paper license, retain a Anne Arundel DUI lawyer right away to begin building your defense and hopefully get your license back.
What Factors Determine Driving Privileges
A major factor that affects your driving privileges in Anne Arundel is whether you submitted to or refused a breath test. If you submit to a breath test then the results of the alcohol concentration test has a direct impact on what an administrative judge can do under the statute.
If your result is over .08 but less than .15 there is a 45-day suspension which can be modified to a restricted license for a first offense. If it is a second offense there is a 90-day suspension but that may also be modified by an administrative judge.
If your result is .15 or higher, then the suspension is 90 days for first offense and 180 days for second offense and those cannot be modified to a restricted license. The only other option for you would be to have what is called Ignition Interlock. The slang term is “blow and go” meaning you have to blow into the device to start your car and drive. The vehicle will beep back to you and you will have to continue to blow into the device until it allows you to continue to drive.
If you refuse, you are facing an automatic 120-day suspension which cannot be modified unless you choose to use one year of Ignition Interlock as well.
If Not Convicted Will You Get Your License Back?
Your license will be suspended initially regardless, and you will still have an administrative hearing. Therefore, the conviction or lack of conviction in a District Court does not have much bearing on your first administrative hearing. If you win you would not have a second hearing, but you may very well have refused a breath or blood test and be facing a 120-day suspension or a year on Ignition Interlock. Therefore that administrative hearing is a separate matter from your court hearing. You can win in court but still have your license suspended.
Challenging a License Suspension in Anne Arundel
Certainly there is a time limit if you want to apply to challenge a license suspension in Anne Arundel. You will have to request a hearing within 10 days of the date of the order of suspension. If you are eligible and if you do not reply within 30 days of the order of suspension and participate in the Ignition Interlock program, then you have waived your rights and your license will be suspended. But if you do make that hearing request within 10 days, you will get a Motor Vehicle Administration hearing which is done at the Office of the Administrative hearings, either at the main office in Hunt Valley or at other MVA locations throughout the state.
Can You Apply For a Restricted License?
At the administrative hearing, which you also must request, you have an opportunity for a restricted license. If your alcohol concentration results are less than .15 you may be eligible for a restricted license.