Law Offices of LYNDA DEE
(410) 332-1170
Serving the Community Since 1981

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.