License After a First Time DUI in Maryland
There are consequences for driving under the influence and someone can lose their license after a first time DUI in Maryland. A police officer will give the person a temporary paper license called a DR15A form and that form advises them of their right, that will explain what ignition interlock may be, and what a hearing request for a motor vehicle administrative hearing would be. Each of those choices is certainly the person’s to make but there is a time restriction on them.
Learn more about what will happen to your license after a first time DUI in Maryland. You will want legal representation and a local DUI attorney can help you through your first DUI case. There are several steps that need to happen after a first time DUI, and there can be long-term consequences. Having an attorney can benefit you during the hearings.
Steps to Take after a First Time DUI
It is ten days to guarantee that the person is given a letter to stay any suspension for a motor vehicle administrative hearing should they choose to have one and for anyone who is below 0.15 and 0.18 or above, so 0.1 to 0.8 to 0.14999, a person can request a motor vehicle administrative hearing. If a person is 0.15 or higher, they may want to consider ignition interlock. There may be a few things that they need to argue at the administrative hearing phase.
It is important, within ten days, to mail in that request of $150. There are 30 days to still get in there and the person will likely get their letter to stay any suspension so they could still drive and they mail them with a second letter so they can use that as their temporary license; it is that paper license. But that paper license is only good for 45 days.
On Day 46, a person will be suspended and if they are driving, they will be cited for driving suspended, which also carries a year in jail and a thousand-dollar fine as a knowingly driving while suspended driver. Again, there is no mercy from the courts for these things. It is important to get with a lawyer right away so they can explain all the details of how things are moving and what they are moving.
Someone’s license after a first time DUI in Maryland will be taken away. The person is given a paper license and then they have the opportunity to be heard. If the person installs an ignition interlock, they will reissue them their full license. The person can drive anywhere they want with the restriction to their vehicle and that ignition interlock device working. The person is required to breathe into it both before and during their drive as many times as it beeps at the person and if that person complies, after 12 months, it comes back off.
If a person is under 0.15 and over 0.18 and they choose to do ignition interlock over a restricted license, it will be six months. There is the variable: a person has six months for under 0.15. If a person is 0.15 or higher, they have one year. If a person has a refusal, they have one year or they can be suspended. Now, only if a person is below 0.15 can they get what is called a modification to suspension, which allows them to go to and from work, to and from school, or to and from alcohol education.
If a person has regular doctor appointments, those are things that an administrative judge can give a person but they would have to go through an administrative hearing and that is done through the Office of Administrative Hearings. It is a distinctly different part of the DUI other than going to court where a conviction in court could also lead to further penalties on a person’s license. If a person is an out-of-state driver, that is distinctly different on how an attorney would approach this and they are individualized to each case.
With regards to challenging any suspension of a person’s license, if this is just the initial phase where a person was cited and they took their license and they are under 0.15, a lawyer can challenge in theory the full suspension of their license by showing that they qualify for a modified license. However, if the person is over 0.15, it is difficult. A lawyer can show a mistake of fact or bad faith from an officer and it has to be conclusive.
Administrative hearings are not beyond a reasonable doubt but simply by preponderance of evidence, if it is reasonable for an officer to stop a person or come across an accident and do a wellness check, it is reasonable for them to be able to smell an odor of alcohol, do some field testing, and get breath score. It is difficult to win in an administrative function. They have given them a lot of leeways. They have given the administration a lot of ways to pull out on licenses. Every situation means that a person calls a lawyer right away and gets someone with experience. A person can win, it is not easy and it should never be easy. If it is, they probably will not have a good case against the person in district court either.
Applying For a Restricted License
If a person requests for a motor vehicle administrative hearing properly within ten days or 30, they would get a motor vehicle administrative hearing, which takes place at either the Office of Administrative Hearings Main Headquarters, which is up in Baltimore County, or a local full-service MVA in the person’s county or a close county to theirs. At that particular MVA hearing, a person could ask for a modification of their license but only if they are under 0.15. If a person is 0.14999, they are in but once they get to 0.15, they cannot qualify for a restricted license.
Contacting a Legal Team
If you have lost your license from a DUI charge, you will need to consult a skilled and dedicated DUI attorney who can help you through the next steps. A local attorney that consults in DUI cases with has the training and skills to create a solid defense. You will certainly want to work with a knowledgeable DUI lawyer if this is your first charge. Your license after a first time DUI in Maryland can be restricted, so consult a lawyer today to begin building your case.