DUI & DWI Lawyer in Hagerstown, MD

An impaired-driving case can involve two separate processes: the criminal charge handled through the courts and driver's-license issues handled through the MVA.

During an impaired-driving investigation, an officer may ask a driver to perform field sobriety tests and may request an alcohol test. If a Maryland-licensed driver refuses the requested chemical test or takes a test showing an alcohol concentration of 0.08 or more, the officer may confiscate the Maryland driver's license, serve an Order of Suspension, and issue a temporary license.

The criminal case and the MVA process are related, but they are not the same proceeding. As a result, driver's-license deadlines may arise before the criminal case reaches court.

The Maryland MVA provides current information about driving under the influence.

For an Order of Suspension arising from a chemical-test refusal or an alcohol concentration of 0.08 or more, Maryland law generally permits a driver to request an administrative hearing within 30 days after the Order of Suspension is issued.

Timing within that period matters. If the hearing is requested at the time of the suspension order or within 10 days, the timing can affect the driver's temporary driving authorization while the hearing process is pending.

A hearing may still be requested after the first 10 days and within 30 days, but a request made after 10 days does not extend the 45-day temporary license issued by the officer.

Because the available options depend on the circumstances and the paperwork issued in the individual case, drivers should read their Order of Suspension carefully rather than assuming that the court date is the only deadline that matters.

Maryland's Ignition Interlock System Program permits or requires participating drivers to operate only vehicles equipped with an approved ignition interlock device.

Under current Maryland law, participation in the program is required following a conviction or probation before judgment for driving under the influence of alcohol or driving while impaired by alcohol. Ignition interlock may also be available as an alternative to certain administrative license suspensions when the driver is eligible.

The length of participation and the options available can depend on the circumstances of the case, test results or refusal, the driver's record, and the basis for participation. The MVA administers the program and issues restricted licenses to eligible participants.

The Maryland MVA provides current information about the Ignition Interlock Program.

Every impaired-driving case depends on its own facts. Relevant evidence may include the circumstances of the traffic stop, the officer's observations, field sobriety testing, breath or blood testing, police video, paperwork generated during the arrest and testing process, and the driver's prior record.

An attorney can review the available evidence, explain the criminal and MVA processes, identify issues that may affect the case, and advise the client about the options available under Maryland law.