When charged with DUI or DWI, it is important to understand that there are administrative sanctions that occur even if a person is never convicted in court. There are also administrative sanctions and penalties that may occur after a conviction that involve point assessments as well as the new provisions of Noah's Law.
The Drunk Driving Reduction Act of 2016-a/k/a Noah' Law requires the Motor Vehicle Administration (MVA) to require a person to participate in the Ignition Interlock System Program if a person is convicted of (1) driving under the influence of alcohol or under the influence of alcohol per se or (2) homicide by motor vehicle involving alcohol and/or drugs. The person must participate in the program for six months for the first time the individual is required to participate,one year the second time the individual is required to participate, and three years the third or subsequent time the individual is required to participate. The driver's license will be suspended indefinitely until the person successfully completes the program.
The bill also requires a court to order a person to participate in the program for one year, as part of a criminal sentence, if a person is convicted of (1) driving while impaired by alcohol or (2) driving while impaired by a drug a combination of drugs or a combination of drugs and alcohol, if the trier of fact finds that the person refused to test.
The bill also increases the periods of license suspension required to be imposed by MVA for an administrative per se offense of the test result of .08 to .14 to 180 days. For a test result of0.15 or more, 180 days for the first offense and 270 days for a second are subsequent offense. A licensed driver may participate in the program for one year instead of having the driver's license suspended.
The suspension for a test refusal to 270 days for a first offense in two years for a second or subsequent offense. A licensed driver may participate in the program for one year instead of having the driver's license suspended.
If you or a loved one is charged, please contact C. Thomas Brown, an experienced Cecil County DUI lawyer to discuss you options.