Refusal of DUI Test-Administrative Hearings and Sanctions

      Under Maryland's recently enacted Noah's law, the administrative sanctions for a DUI/DWI test refusal has 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.

     After your arrest or issuance of citations, 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.  You have ten days from the incident to request an administrative hearing to contest the proposed penalties or sanctions will be imposed.  It is vital that you immediately contact an experienced DUI lawyer to assist you at the administrative hearing.

  •      The sanction for test refusal is 270 days for a 1st offense and 2 years for a 2nd or subsequent offense. A BAC result of .15+ is a 180-day suspension for a 1st offense.  Participation in an ignition interlock program for one year may be an option.  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.
  •      The sanction for a test result of .07 to .14 is a six-month suspension; obtaining a work license or participating in the ignition interlock program for six months is possible.

     The issues at administrative hearings are very narrow.  The Administrative Law Judge will 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 may 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, and please get in touch with C. Thomas Brown and Tina Harris to discuss your options.

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Contact us today to learn more about how we can help you with the criminal charges you, a family member or a loved one may be facing. We offer a free initial consultation so you can have your case evaluated personally. Flexible appointment times and jail visits are also available.