Maryland DUI / DWI Lawyers – MVA Hearings
If you, a friend or a relative has been charged with a DUI or DWI case, in addition to preparing for your case, you need to prepare for the possibility that your driver’s license may be suspended.
While you may face a heavy fine and a long jail sentence, you can still protect your driving privileges by preparing a defense and presenting it in the proper forum.
When you are charged with DUI or DWI offenses, there is a criminal/traffic court component and an administrative component. You need to prepare a defense for both or you may suffer a driver’s license suspension or revocation in addition to the fines and possible jail time that can be imposed.
MVA Hearings
An MVA hearing, or Motor Vehicle Administration hearing, is a hearing scheduled before an Administrative Law Judge (ALJ). These hearings occur at the Office of Administrative Hearings, but can also be scheduled at various MVA locations throughout Maryland. At this hearing, evidence is presented and the ALJ determines what effect will be had upon the offender’s driving privileges. This can range from a reprimand to a revocation. Think of the hardship you will endure in trying to get to and from work on time without a driver’s license.
The good news is that even if you are found guilty in a DUI or DWI case, you can still safeguard your driving privileges by presenting a convincing defense before the ALJ. In order to effectively present your defense to the Administrative Law Judge, you need the help of an experienced lawyer who can guide you throughout the entire process and help you present a convincing case.
It is very important for the DUI and DWI offender to remember that he may have only 10 days in which to seek a hearing before the Office of Administrative Hearings in an effort to avoid a driver’s license suspension. Your lawyer will tell you that the ten-day time limit starts from the date your DUI arrest was made. If you delay in preparing and sending in the proper documents necessary to schedule this very important hearing, there is a high probability that your driver’s license will be suspended.
There is another provision in Maryland law that allows the administrative hearing to be requested within 30 days of the offender’s arrest. The caveat here is that if this later, beyond 10 days from arrest, request is made, the offender’s driver’s license may be suspended before the administrative hearing occurs.
Understanding The Complexities Of The Law
One thing to keep in mind is that while you may be acquitted of the actual DUI or DWI charges, you might still face administrative penalties relative to your driver’s license as imposed by an Administrative Law Judge at an MVA hearing. These penalties could include a suspension or revocation of the driver’s license.
If you don’t prepare a convincing defense for your MVA hearing, there is a high chance that you will face penalties like:
- A 45 day suspension of your driver’s license for first time offenders
- A 90 day suspension of your driver’s license for second time offenders
In certain cases, like for those who refuse to submit to the chemical test, there is a mandatory 120 suspension for a first refusal and a one year suspension for a second or subsequent refusal. The refusal scenario removes the Administrative Law Judge’s discretion to impose a modified suspension of the offender’s driver’s license to allow for driving back and forth to work, for medical appointments or alcohol/drug treatment.
So, prepare a sound case for your MVA hearing with the help of the best legal minds in the industry. Consult Altmark, Rotter & Trock, LLP for assistance at your administrative hearing. Please call us for a free consultation at (410) 783-9230; or toll-free outside of Baltimore at 1-(888) 966-5566.