Under Maryland's recently enacted Noah's law, the administrative sanctions after being charged with the DUI/DWI 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 the administrative sanctions are separate from the criminal charges.
After your arrest or issuance of citations, your Maryland license is retained, and you receive a temporary license that expires in 45 days. An out-of-state license is not retained; however, the privilege to drive in Maryland will be suspended in 45 days. You have ten days from the date of 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 or a BAC result of .15+ is a 270-day suspension with no ability to obtain a work license. Participation in an ignition interlock program for one year may be an option. Out of state-licensed drivers are not permitted to 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 is possible as well as participation in the ignition alarm program for six months.
The issues at administrative hearings are very narrow. The judge will consider whether there was a reason to request a breath test and if you were advised 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 be represented at the hearing. Time is of the essence, and please contact us to discuss your options.