License After a Howard County First Time DUI Charge
When a Maryland license holder is stopped for a DUI in Howard County or any county in Maryland, their license is confiscated by the officer, who then re-issues then a temporary paper license, which is valid until a Motor Vehicle Administrative Hearing takes place. If the license is held by someone other than the state of Maryland, the license is returned to the driver because only a Maryland license can be taken. At the MVA hearing the Motor Vehicle Administration will decide the fate of your license and whether it should be suspended or revoked. To ensure that you minimize the amount time you don’t have driving privileges for a first time DUI in Howard County, call and schedule a consultation with a Howard County DUI lawyer today.
Your License After a Conviction
After a conviction, your license can still be returned, in some fashion, full or restricted, as a Maryland driver. The license matters are handled through an administrative hearing at the Office of Administrative Hearings. When a person’s license is from another state, it is up to that state to administratively act on the license; it will not be from the state of Maryland.
If a Person is Not Convicted Do They Get Their License Back?
The District Court is very different from the administrative court. If someone is not convicted of a DUI, they can get their license back depending on the circumstances. For example, if a person refused to submit a breath test and their license was suspended for 270 days. They took the 270 days in suspension instead of an ignition interlock. If, within that 270-day window, the person’s matter is heard in court, and they were found not guilty, that will not affect the fact that their license is still suspended.
That is an administrative matter, and generally speaking the two do not have anything to do with each other. If a person is convicted of a DUI, that does have an effect on their administrative function. This is why it is important to hire an attorney.
Challenging a License Suspension
A person can challenge any suspension to their license by requesting an administrative hearing at the proper time and submitting the required request and filing fee.
Applying For a Restricted License
A person can apply for a restricted license after they are charged in Howard County through an administrative hearing. If the initial breath sample is less than 0.15 but over 0.08, they can get a restricted license with a 45 restriction on the license. If the breath sample was greater than 0.15, the person is not eligible for a restricted license.
They could use ignition interlock for one year or take a temporary suspension. If the person refused to take the breath test, they can use ignition interlock for one year. Otherwise they are given a straight suspension of 270 days. Everything depends on the breath test and if the person submitted one.
