This will be a two part article on the legal ramifications of drunk driving charges. First, I will explain the Motor Vehicle Administration (MVA) aspect of such charges. The following article will explore the court aspects of the actual offense.

It is possible to suffer more far-reaching consequences to your privilege to drive than to your actual freedom. Remember, the MVA has the power to suspend or revoke your driver's license. The court has the power to incarcerate you. You will have separate hearings at separate locations regarding both your license and your freedom.

In most instances involving drunk driving offenses, you are stopped after a police officer allegedly witnesses a moving violation on your part. Many times officers wait outside bars at around 2:00 a.m. hoping to apprehend drunk drivers. The officer will ask for your license and registration. If you appear under the influence and/or if (s)he smells the odor of alcohol, the officer may request that you undergo a number of field sobriety tests. A breath or blood test will be offered to you if you fail the field sobriety tests. Most people opt for the breath test.

Neither test is compulsory in Maryland. Nevertheless, most people don't realize the ramifications of a test refusal. Your license to drive is legally considered a privilege, not a right. The law says that when your license is issued, you implicitly agree to submit to a chemical test. Failure to submit may result in an administrative penalty such as the suspension of your privilege to drive. You may choose to submit to either an alcohol breath or blood test.

If you refuse to submit to a chemical test, or if you do submit and your blood alcohol concentration is found to be .10 or greater, your driver's license will be confiscated. You will be given an 8 1/2 by 11 1/2 inch two-sided form that will serve as your license for the following 45 days. If you do not complete the administrative hearing request form on the opposite side and forward it to the Office of Administrative Hearings with the required $15.00 fee within the allotted time, your license will automatically be suspended 46 days after your arrest. You have 30 days in which to file the hearing request form. You must file the form and the fee within 10 days of your arrest in order for a hearing to be scheduled before the 45 day period expires. If you do file the form, but it is more than 10 days after your arrest, your hearing will be scheduled within 45 days of the receipt of the hearing request. Your license will nonetheless be suspended on the 46th day after your arrest.

Very often, scheduling within 45 days is not possible even if you filed on time because of a backlog at the Office of Administrative Hearings. You will receive a driving privilege extension if your request was timely received, but cannot be accommodated within the 45 day period.

Before your license can be suspended at a subsequent administrative hearing, it must be determined that the officer had the right to stop you or be at the scene, and that there was probable cause to believe you were driving on Maryland highways intoxicated or under the influence of alcohol. These facts are usually easily established by the written charges filed by the arresting officer who need not even be present at the hearing. Further, a written certification from the office that you did in fact refuse the test or that your blood alcohol level was .10 or greater must also be on file. This paperwork is easily completed by the arresting officer, and is invariably in proper order.

Penalties for refusals are extremely stiff. Your license will be suspended for 120 days for a first offense. For a second or subsequent offense, a one-year suspension will be imposed. The administrative law judge has no discretion here. The mandatory suspension must me imposed by law. If you absolutely need your license for work, take the test.

Although the test results will impact on your guilt or innocence at trial, you may be found guilty on the officer's observations alone, without chemical test results. If you have had very little to drink, (no more that one to two drinks maximum, no less than one hour before the time you were stopped), the test results may even help you. Moreover, some judges refuse to grant a Probation Before Judgment, (no points are imposed), if a defendant fails to submit to a chemical test.

Some discretion is permissible in cases of chemical tests of .10 or greater. In these cases, the penalties are 45 day suspensions for a first offense, and 90 day suspensions for a second or subsequent offense. Because you did submit to the chemical test, the law allows the administrative law judge to order the issuance of a restricted license for you to travel to and from work and alcohol education and/or treatment programs. Before a restricted license will be granted, you must prove it is needed for work or education and/or treatment purposes, and that no other transportation is available to you.

You are permitted legal representation at all administrative hearings. A lawyer may assist you in filing your request properly and on time, and with presenting any defenses or mitigating evidence you may have, including proof of the circumstances of your employment. The going rate for administrative hearings is between $300.00 and $500.00. The services of the Public Defender do not extend to administrative hearings.

The best way to avoid administrative sanctions, and the resulting anxiety and expense is not to drink and drive. You may even save your life.

This article is meant to provide very general information. I would be happy to discuss the specifics of your personal situation. Please call for an appointment if you are interested in additional information.