Refusal to take Breath Test-Delaware & Pennsylvania Licensed Drivers

Maryland Motor Vehicle Administration (MVA) imposes s a 270-day suspension of your privilege to drive in Maryland to out-of-state licensees for an alcohol breath test refusal. Due to our proximity to neighboring Delaware and Pennsylvania, many discover a DUI breath test refusal negatively affects employment in Maryland and may result in the suspension of your Delaware or Pennsylvania license.

The Delaware Department of Motor Vehicle (DMV) has become very aggressive with Delaware licensees who refuse a breath test in Maryland. Delaware licensees have been receiving a notice from DMV that their DE license will be suspended unless the Maryland administrative suspension is resolved within 60 days. A work license is unavailable, and non-Maryland licensed drivers cannot participate in an ignition interlock program. This sanction is harsh for out-of-state individuals employed in Maryland and for other non-residents because of the problems resolving the Maryland administrative suspension.

You have the right to an administrative hearing to challenge the suspension. Time is of the essence because the hearing must be requested within ten days of the refusal to ensure you can continue to drive until the hearing.

Remember, the Maryland Motor Vehicle Administration sanctions are separate from the criminal case.

Contact C. Thomas Brown to discuss your options.

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