Driver’s License After a First Time DUI Charge in Prince George’s County
In addition to penalties such as fines and jail time, if you are convicted of driving under the influence in Prince George’s County you will likely face some type of penalty against your license. Below, a Prince George’s County DUI lawyer discusses these penalties and who may be eligible for restricted licenses. To discuss your case call and schedule a consultation today.
What Happens To Your Driver’s License After a First Time Prince George’s County DUI Charge?
If you have a Maryland driver’s license and you’re stopped in the state of Maryland for a DUI, the officer is obligated to confiscate your license. This means that he or she will literally take your license and mail it back to MVA. When this happens, can be issued a paper license that’s good for 45 days.
When consulting with your attorney about the status of your driver’s license, the most important thing to do is to figure out where you fall in an administrative category (remembering that with a DUI, both the district court and the administrative court will have something to do with this case because your license is an administrative function). If your blood alcohol content (BAC) is under 0.15 as a first time offender, you are eligible to have a restricted license re-issued to you for 45 days allowing you to drive to and from work, school, medical appointments, and/or any alcohol classes that you’re taking. That restricted license would just be for 45 days, and on the 46th day, your license would be returned.
On the other hand, if your BAC is greater than a 0.15, or if you refused the breathalyzer test at the police station or barracks, there are other factors you may want to consider with regards to taking a straight suspension or going into what’s’ called the ignition interlock program. Speaking to an attorney right away is very important because if you request an MVA hearing, you have to do so in a limited time-frame and you have to pay $150 for that hearing.
When dealing with MVA hearings and potential penalties and license suspensions, getting in touch with a lawyer is absolutely essential because it affects your ability to drive a car.
Can You Challenge The Suspension of Your License After a First Time DUI in Prince George’s County?
It is possible to challenge the suspension of your license after a first time DUI in Prince George’s county. The reason for this is that a driver’s license is a function of administrative law. You applied for that license, and you paid for that license, and so that license can only be imposed upon if you allow it. With that said, a judge does have the ability impose on it, and if you do not act and request a hearing, then your license will be suspended.
That paper license you receive after a DUI stop is only valid for 45 days. On that 46th day, your license will be suspended unless you have a pending MVA hearing, in which case they would send you an extension letter.
You can challenge an administrative license suspension by having a hearing and showing that
(a) there was good cause to reissue your restricted license or
(b) that the officer may not have had the right to confiscate your license in the first place because the stop was not conducted correctly or the alcohol that is being claimed to have been in your system was indeed the result of a mechanical error or some other anomaly.
There are a lot of factors that go into these administrative hearings that can absolutely result in you getting your license back.
Restricted Licences in MD DUI Cases
The restricted license allows you to drive to and from work and to and from school. It may also allow you to drive a company vehicle without restriction or travel to and from medical appointments or alcohol classes. There are very specific allotments under a restricted license that an administrative judge must know about in issuing that restricted license, but if it’s not discussed at that hearing those restriction eligible items will not be marked, and if you’re driving your vehicle and you’re stopped, you can be cited with driving on a suspended license.
If you are not convicted of a DUI, your license can become eligible for reinstatement depending on how the administrative hearing turns out. As a function of the district court, if you’re not convicted of a DUI, there will be no points issued and no conviction associated with the charge. However, action to suspend taken by the MVA generally is not reversible, which is why it’s crucial to have an experienced Prince George’s County attorney by your side throughout the process, looking out for your best interests.