Maryland has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Maryland Office of Administrative Hearings
Maryland is one of 41 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.
You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 45 days. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court-approved locations, and emergencies
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Maryland, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher.
License Revocation, Fines and Jail
- First Offense – Misdemeanor: up to 1 year in jail, fines up to $1,000, license suspension for 6 months. Vehicle impound and alcohol education and treatment is possible. If BAC is .15 or higher, an ignition interlock device is required.
- Second Offense- Misdemeanor: minimum 5 days up to 2 years in jail, fines up to $2,000, license suspension for 1 year, installation of an interlock device for 3-12 months. Vehicle impound or confiscation is possible. Alcohol education and treatment program required.
- Third Offense and Subsequent – Felony: up to 3 years in, fines up to $3,000, 18-month license suspension, installation of an interlock. Vehicle may be impounded for up to 1 year or confiscated.
DWI (.04 up to .08 BAC)
- First Offense: up to 60 days in jail, fines up to $500, license suspension for 60 days.
- Second Offense: up to 1 year in jail, fines up to $500, license suspension for up to 120 days.
- Third Offense: up to 1 year in jail, fines up to $500, license suspension up to 12 months.
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