Your License After a Second-Offense Anne Arundel DUI
When someone is charged with a second-offense DUI in Maryland, there can be a serious effect on their driving privileges. Local law enforcement officials in Anne Arundel take repeat DUI offenses very seriously and work to prevent people who keep making the same mistake from driving. Speak with an Anne Arundel second offense DUI lawyer and discuss what ramifications someone will face if they are facing a second-time DUI charge and conviction.
Impact on a Maryland Driver’s License
If you are a Maryland licensed driver, your license is taken at the scene after an Anne Arundel police officer has cited you with DUI and/or DWI citations. The license itself is turned in to the MVA and you are issued a paper license. This paper license is temporary and expires after 45 days.
When you have been charged you are issued two forms: DR 15 and DR 15A. One is the consent or refusal for the standard field sobriety test and the other is the sheet with some of the probable cause statements and certification that your license was taken. The back side of those forms explains things that you can do preemptively with regards to requesting a Motor Vehicle Administration (MVA) hearing, which has to be done within 10 days. You also have to file with a $150 check and mail it to the appropriate place. If you are going to participate in ignition interlock, eligibility comes from the results of your breath test or a refusal.
The time limits for filing are very strict. The MVA does not really allow much in terms of excuses. Contact an Anne Arundel DUI lawyer for help dealing with a MVA hearing.
After a Second DUI Conviction in Anne Arundel
After someone is convicted of a second-offense DUI in Anne Arundel, it is very different story. When you are charged with a second-offense DUI, your license is taken. If you are convicted of a DUI, you may already have already received your license back. You may have ignition interlock. If you are convicted, MVA will assess points to your license. If it is a DUI, it comes with 12 points. You are eligible for suspension or revocation of your license privileges. If you are on ignition interlock, you can’t have a suspension, as this would violate the terms of the interlock agreement with MVA. You have to request a hearing to stay in the program to drive your vehicle.
That is why contacting a DUI attorney in Anne Arundel is essential while going through this process. An attorney can help you during an MVA hearing when officials are assigning points to your license. Not following through with the MVA that second time could endanger your ability to drive for a significant period of time.
Challenging a License Suspension
There is a substantial difference when challenging a license suspension for a second DUI offense in Anne Arundel. License suspensions are done administratively. It is very different from being in the District Court. In administrative functions the standard is generally preponderance of evidence, which is a very low evidentiary standard. You can challenge suspensions based on circumstances, such as the needs of a driver with regards to work, the unavailability of public transportation or other modes of transportation, and of course the efforts that your client has made in showing good faith that he or she is trying to put this issue in a better light and doing tangible work to make sure that these issues don’t happen again.
Applying for a Restricted License
Even with a more serious second-time DUI offense, it is still possible to apply for a restricted license in Anne Arundel. However, applying for a restricted license is not done through the District Court — it is a process that you must go through with the MVA.
Getting Your License Back
Even if you are convicted of a second DUI, you will likely already have your license back. If you aren’t convicted, you will also likely already have your license back. Again, these administrative matters are generally faster than most matters in the District Courts. You can have a hearing within 45 to 50 days, where most district courts are going to give you at least upwards of three months for trial in Anne Arundel County.