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 very limited and participation in an ignition interlock program is the only option for many. It is important 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 10 days from the date of the incident to request an administrative hearing to contest the proposed penalties or sanctions will be imposed. It is important that you immediately contact an experienced DUI lawyer to assist you at the administrative hearing.
- The sanction for a 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 1 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.
Administrative hearings are held by an administrative law judge and the issues are very narrow. The judge will consider whether the police officer had a reason to stop your vehicle; whether there was a reason to request a breath test; whether you were properly advised of the administrative sanctions and then consider either a refusal or the test results in imposing the sanction if any.
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 it is important that you are represented at the hearing. Time is of the essence and please contact us to discuss your options.