When you’re facing a charge for diving under the influence, you may wonder how long you will lose your driving privileges. In Maryland, if you refuse to take a blood, breath or urine test to determine your blood alcohol concentration, then your license will be suspended for 120-days for the first offense.
If you took the test and were found to have a blood alcohol concentration of .08 to .14, then your license will be suspended for 45 days for the first offense. If you took the test and were found to have a blood alcohol concentration of .15 or more, your license will be suspended for 90 days for the first offense.
You can request a hearing to show why your license shouldn’t be suspended, the suspension should be changed or to prove that the legal requirements for license suspension were not met. If you request the hearing in 10 days from the Maryland Office of Administrative Hearings and pay the required fee, you will have a hearing scheduled within 30 days after the OAH received the request. During the time between your request for a hearing and the hearing date, your driving privileges will not be suspended. If you request a hearing and it’s between 11 to 30 days, then the OAH will schedule a hearing within 45 days of receiving your request. However, on the 46th day, your suspension will be active. If you request a hearing after 30 days, the request will be denied.
As you can see, it can be confusing to determine when your driving privileges are suspended and whether you should request a hearing. This is why the advice and guidance of a criminal defense attorney is so helpful.
Source: Maryland Motor Vehicle Administration, “Alcohol Test Failure or Refusal,” accessed Nov. 18, 2015