DUI/DWI CASES AND MVA HEARINGS
There have been many changes and much harsher
penalties provided by new laws in recent years that have an
important impact on your case in court as well as at MVA hearings.
Be sure to contact me for your free consultation as soon as
possible after your arrest.
I have been handling DUI/DWI cases in court
and at MVA hearings since 1981 and have extensive experience
appearing in courts all over the Baltimore Metropolitan area
and at the Office of Administrative Hearings.
I will provide you with honest advice based
on years of experience. If you decide to engage me as your
attorney, I will provide you with personalized service at
reasonable rates. Payment plans may also be available.
Remember,
time is of the essence in MVA hearing cases. It is
imperative that you contact an attorney within days of your alcohol
related arrest. You only have ten days from the date of your
arrest to request an MVA hearing. If you do not request a hearing
within 10 days, your license will automatically be suspended 46 days
after your arrest.
Why You Need An Attorney:
Mandatory Timelines to Request an MVA
Hearing
More serious offenses for less alcohol
consumption
Stiffer penalties for first and subsequent
offenses
Potential driver’s license suspension or
revocation
How I Can Help You:
I can help you assess the chances of
winning your case. I will give you honest advice about whether you
have viable defenses.
I can help you determine your MVA penalty
for an alcohol concentration over the legal limit or a test refusal.
I can help you decide whether it will be
better for you to take a short suspension or install an expensive
interlock device in your car.
I can help file your MVA hearing request
properly and on time.
I can help you locate a certified alcohol
counseling agency that is convenient for you.
I can also help you present any defenses or
mitigating evidence you may have.
I can help you by providing honest advice
that will help you decide whether to contest specific issues.
I can help you to avoid a license
suspension by helping you obtain the necessary paperwork to prove
you are eligible for a restricted license.
I can help you find an appropriate
rehabilitation center that will help the outcome of your case.
I can help you avoid a suspension or
revocation in many instances after an alcohol related conviction.
The MVA has the power to suspend or revoke
your driver's license as a result of an alcohol related offense.
You may have one MVA hearing for an alcohol concentration
over the legal limit or a chemical test refusal and
another hearing for an accumulation of points after an
alcohol related conviction.
The most important initial question that
arises in an MVA case is whether you should take the chemical
test. The answer to this question is very complicated and
very confusing.
Most people don't realize the ramifications
of refusing an alcohol test. Failure to submit to a chemical
test may result in an administrative penalty issued by the
MVA, such as the suspension of your driver’s license. You may
also be subjected to an additional charge if you refuse to
take a chemical test.
If you refuse to submit to a chemical test, or
if you do take the test and your blood alcohol concentration is
found to be .08 or greater, your driver's license will be
confiscated. You will be given a temporary license that
will be valid for the next 45 days.
If you do not complete the administrative
hearing request form and forward it to the Office of
Administrative Hearings with the required $125.00 fee within 10
days after your arrest, your license will automatically be suspended
46 days after your arrest.
If you do not file the form 10 days
after your arrest, but do file it within 30 days after your
arrest, your MVA 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. If you do not
file the form within 30 days after the date of your arrest, you will
not be entitled to an MVA hearing.
You may have an MVA hearing for an over the
limit alcohol concentration of test refusal before you even
appear in court. The MVA distinguishes between chemical tests
of between .08 and .14 and over .15. If you have an alcohol
concentration of between .08 and .14, you can request an
MVA hearing to obtain a suspension modification known as a
restricted license. If you obtain a restricted license, you
may drive to and from work or school, to alcohol related classes
or to obtain health care treatment or a prescription for you
or a family member where there is no other alternative means of
transportation available.
If you do not obtain a restricted license, the
penalty for an alcohol concentration of between .08 and .14
for a first offense is 45 day suspension and 90 days for a
second or subsequent offense.
If your chemical test result is .15 or
higher, you are not eligible for a restricted license. Your
only option in this instance is to install an interlock
device in your vehicle for a period of one year. This option is
available to you only if you install the interlock device within
30 days after your arrest.
If you do not need your license for 45
days, it may be advisable for you to elect a short suspension
rather than installing an expensive interlock device.
If you intend to install an interlock
device, DO NOT request an MVA hearing. Even if you were
eligible for an interlock before the hearing, the Administrative
Law Judge can suspend your license and refuse to permit you to
install an interlock device at the hearing.
Penalties for chemical test refusals are
even more harsh. Your license will be suspended for 120 days
for a first refusal. Your license will be suspended for one
year for a second or subsequent refusal. The suspension is
mandatory. A restricted license is not an option.
Unless you successfully contest the MVA’s case
against you, the only option you have in this instance is to
agree to install an interlock device in your vehicle for a
one year period. This option is available to you only if you
install an interlock device within 30 days of the date your
arrest.
If you absolutely need your license for work,
either take the test or be prepared to have an interlock device
installed in your vehicle. You will be required to pay for the
interlock device to be installed in your car and also for a
monthly monitoring fee.
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, for example, one to two drinks
maximum, no less than one hour before the time you were stopped, the
test results may even help you.
After a conviction for an alcohol
related offense, you are subject to an additional MVA hearing.
The MVA has the power to suspend or even revoke your driver’s
license. Be sure you have an experienced attorney before
you appear at an MVA hearing after an alcohol related
conviction.
The good news is that a suspension or
revocation is not mandatory in all cases. The Administrative Law Judge has
the discretion to impose other penalties unless you
have been convicted of a 21-902 "a" offense within the last five
years.
The MVA may impose a 60 day license
suspension for a first offense after a conviction for driving
while impaired by alcohol or alcohol and drugs. If you have two
alcohol related convictions within five years, the MVA can suspend
your license for one year. The penalties are even more harsh
for people under 21 and for commercial drivers.
License revocations are much more serious
than suspensions. After a suspension, your license
is automatically reinstated. After a revocation for an
alcohol related offense, it takes at least one year after the
revocation to even be eligible for a license reinstatement.
After a revocation, there are many
complicated forms that must be completed and many involved
requirements necessary. You must also successfully participate in
an alcohol program that must certify through testing that you have
been alcohol free for more than one year.
It is imperative that you have an
experienced attorney representing you at an MVA hearing after
a second or subsequent alcohol conviction. It is essential to
avoid license revocation because reinstatement after a
revocation takes so long and is so involved.
I have been handling these cases since 1981,
I have extensive experience in this area and I will give you
honest advice based on years of experience. I can also
provide you with former client recommendations upon request.
If you decide to engage me as your attorney, I
will provide you with personalized service at reasonable rates and
payment plans where appropriate. I would be happy to discuss the
specifics of your case and to provide a free initial consultation
for your DUI/DWI case. Call me. I’m ready, willing and able to
help you make the best of a bad situation. |