If you’re pulled over by a police officer in Maryland and arrested for driving under the influence, your driver’s license will be confiscated. Afterward, you can request a hearing with the Motor Vehicle Administration. This is what you can expect during the process.
What to expect at the hearing
During a Motor Vehicle Administration hearing, after you’ve been arrested for driving under the influence, you meet with the administrative judge at their office. The judge will present paperwork outlining all the facts of the case and why you were arrested.
During the hearing, you can present your case and have witnesses testify on your behalf. If you have an attorney, they will then explain to the judge why your driver’s license should not be suspended.
At the end of the hearing, the judge will make a decision. If they decide that your license should be suspended, you may be able to request a restricted one so that you can drive to work or school and back home. However, in most cases, your license is more likely to be suspended if your actions caused significant property damage or injuries or death to another person or if you had a minor in the vehicle with you.
Facts considered at the hearing
During your MVA hearing, the judge considers certain facts. One is whether the officer had probable cause to believe you were under the influence. They will also consider whether your blood alcohol concentration was above the legal limit of .08% and whether you refused a breath test when asked to submit to one. Another fact considered is whether the officer warned you of any penalties you might face if you failed a breath test or refused to take one.
A DUI carries harsh consequences. If you have to drive, it’s best to avoid substances that could render you intoxicated.