The Maryland Motor Vehicle Administration's sanctions for a DUI/DWI alcohol test refusal or a result greater than 0.08 have dramatically increased. The ability to obtain a work license is minimal, and participation in an ignition interlock program is the only option for many. It is essential to understand that administrative sanctions are separate from criminal charges.
For a test refusal or a test result of 0.08 or greater, your Maryland license will be confiscated, and you will receive a temporary license that expires in 45 days. An out-of-state license is not taken; however, the privilege to drive in Maryland will be suspended after 45 days. Thirty days after the incident, you have to request an administrative hearing to contest the proposed penalties or sanctions that will be imposed. You must immediately contact an experienced DUI lawyer to assist you at the administrative hearing.
BREATH TEST REFUSAL
- The sanction for test refusal is 270 days for a 1st offense and two years for a 2nd or subsequent offense. A work-restricted license is unavailable; however, participation in an ignition interlock program for one year is an option for Maryland-licensed drivers.
TEST RESULT 0.15 OR GREATER
- If the test result is 0.15+, the sanction is a 180-day suspension for a 1st offense and 270 days for a 2nd or subsequent offense. A work-restricted license is unavailable. Participation in an ignition interlock program for one year may be an option for Maryland-licensed drivers.
- Out-of-state-licensed drivers may not participate in the ignition interlock program and cannot obtain a modification of the suspension of their privilege to drive in Maryland.
TEST RESULT 0.08 BUT LESS THAN 0.15
- The sanction for a test result of 0.08 or greater but less than .0.15 is a 180-day suspension; obtaining a restricted license for work, alcohol education, or health care may be available. Participating in the ignition interlock program for six months is an option.
The issues at administrative hearings are very narrow. The Administrative Law Judge will only consider whether there were reasonable grounds to request a breath test and whether the officer advised you of the administrative sanctions.
You may have defenses and be able to retain your driver's license or privilege to drive for out-of-state licensed drivers. We have extensive experience in administrative law hearings, and you should have an attorney represent you. Time is of the essence. Please get in touch with C. Thomas Brown and Tina Harris, experienced Cecil County, MD DUI defense lawyers to discuss your options.