MARYLAND MVA HEARINGS
Driver’s License Suspension Defense Lawyer
If you have been arrested in Maryland for DUI/DWI, the potential adverse consequences of your DUI charge will need to be confronted on two fronts. While the criminal case can result in a misdemeanor or felony conviction, substantial fines, mandatory alcohol classes and other penalties in the criminal case, the issue of your driver’s license status will be handled in a separate administrative proceeding under the auspices of the Maryland Motor Vehicle Administration (MVA). If you refuse to consent to a chemical test of your blood alcohol concentration (BAC) at the station after you have been stopped or detained by an officer (who has reasonable grounds to believe that you were driving while intoxicated), you will face a MVA administrative hearing regarding suspension of your driving privileges.
Alcohol-Related Licensing Hearings – Procedure for Request & Penalties
While the MVA hearing differs from your criminal DUI case, the stakes are high because your driver’s license will be suspended or revoked if you are not successful at challenging the license suspension. If your BAC is over .08 percent or you refuse a chemical test of your breath, blood, or urine, the officer will take your driver’s license and issue you a temporary license (Form DR 15A) that is effective for forty five (45) days. The officer should inform you that you must request a hearing within ten (10) days if you wish to challenge your driver’s license suspension. If you do not request a hearing within ten (10) days of your DUI arrest, you can wait up to thirty (30) days to request a hearing; however, after expiration of the forty five (45) day paper license you might be forced to cope with a license suspension pending the hearing rather than having the matter stayed until after the hearing.
If you do not challenge an alcohol-related suspension of your driver’s license or you lose at the hearing, you will face a forty five (45) day suspension of your driver’s license for a chemical test failure or one hundred twenty (120) days for a refusal to submit to chemical testing (the duration of the suspension can be longer under some circumstances).
Why You Should Hire an Attorney for your Maryland MVA Hearing
There is no requirement that you be represented by an attorney at a MVA hearing, but there are definite benefits to having an experienced Maryland DUI attorney by your side. The first reason to have an attorney represent you is that it establishes the tone for the hearing. The administrative law judge will see that you are taking the matter seriously because you retained an attorney to fight for your driving privileges.
There are also many legal issues that can impact the outcome of your proceeding, so the presence of proven representation from Azari Law LLC can make an enormous difference. Mr. Azari has been given a perfect rating of “10” by AVVO law and 42 “5 star” ratings. The stop might not have been lawful because the officer lacked a sufficient factual basis for the stop. There also might be procedural mistakes administering the chemical test that compromise the accuracy of the results. Effectively arguing legal defenses and navigating complex issues during the hearing might result in a decision that the MVA take “no action,” so that you keep your driver’s license.
MVA Hearings Involving Driving Record Points
Drivers also can have their license placed in jeopardy based on the number of points on your driving record. Motorists can have their driver’s license suspended after eight points or revoked after 12 points have been accrued. While commercial driver’s used to be permitted more points because of the number of miles they drive, this provision is no longer the law. However, Mr. Azari can seek leniency for people that need their driver’s license for employment. Our law firm also represents drivers facing license suspensions for accidents and driving violations like reckless driving and other offenses.
Contact Us for a Free Consultation
If you are facing the loss of your driver’s license because of a DUI or points against your driving record, Azari Law, LLC can help protect your driving privileges. We offer a free consultation in our conveniently located offices in Laurel, Rockville, and Ellicott City MD, so call us today at 301-362-3300 or email us to schedule your free consultation.