Driver’s License Loss Issues & How to get a Restricted License
Driver’s license suspension challenges, MVA hearings, and requests for restricted licenses must be done within 10 days of your DUI/DWI arrest.
It is critical that you do not wait to deal with these issues, or you will lose the opportunity to drive.
Please call us immediately at (888) 452-4344 to advise you on your options to keep your license after being charged with DWI/DUI in Maryland.
Loss Of License From DUI/DWI & Restricted License
The Motor Vehicle Administration of Maryland (MVA) has authority over driving privileges in the state.
If you took a test with a result of .08 or greater or refused to take the breathalyzer test, you are entitled to a hearing at the MVA, during which the Administrative Law Judge decides whether the MVA’s proposed suspension is appropriate. However, in order to get this hearing, it must be requested.
If you are arrested and ticketed for DUI/DWI, then your license is taken by the law enforcement officer, on the spot. In place of your regular driver’s license, you are given a 45-day temporary license. During this 45-day period, you may operate a motor vehicle as if you still had a permanent license. It expires unless an extension letter is received by the driver from the Motor Vehicle Administration. After the 45-day period has expired you cannot not drive, and your driver’s license will be considered under suspension.
In addition to the 45-day temporary license, the officer will give you a hearing request form. You must send in the hearing request form immediately. It should be sent by certified mail, return receipt requested, along with a check in the amount of $125.00 made payable to the Maryland State Treasurer.
The scheduling of the hearing is crucial. If the request for hearing is postmarked more than ten (10) days but less than thirty (30) days from the date of the incident/arrest, then the temporary driver’s license expires after forty-five (45) days. If the hearing is requested more than thirty (30) days from the date of the incident the individual will not get a hearing and his/her license will be suspended automatically.
Drivers License Revocation
In Maryland, a driver’s license is revoked after you receive 12 penalty points on your license. Once you accrues 12 points, you loses your license for 1 year, but the license may be reinstated after 6 months. A DUI conviction constitutes 12 points.
If you are accused of DUI you may ask the judge to grant a restricted license. You must request this within 10 days of your arrest. The restricted license is what it sounds like – it is a license that allows you to drive, but on a restricted basis. For example, a judge may grant a request for a restricted license for you to operate a car only for the purpose of getting to and from work.
Option of An Ignition Interlock Device
Alternatively, a person arrested for a DUI may elect to have an Interlock Ignition device installed in your car. Doing this prevents the possibility of an you from having your license suspended for a year. However, the you must request the Interlock Ignition within 10 days of being arrested, and pay the installation costs and monthly maintenance fees, and obey the rules of ignition interlock device use.
Call For a Legal Consultation on Your Maryland Drunk Driving Charges
Maryland Drunk driving cases can be won in court. To find out what I can do to help you protect your rights and freedom to drive, call (888) 452-4344.
Call me at (888) 452-4344 for my legal opinion on a defense of you Maryland DUI arrest.