MVA Administrative Suspension in Baltimore, MD

If you refused to submit to a chemical test of your blood, breath or urine, or you took the test and failed it, then the police officer will confiscate your Maryland driver’s license.

After the officer takes your driver’s license, the officer will serve you with a temporary paper license and prepare a case for the Maryland MVA file. If you are a commercial driver’s license holder, the MVA will suspend your driver’s license and disqualify your commercial driving privileges after a DUI / DWI arrest.

The arresting officer will serve you with the Officer’s Certification and Order of Suspension. The form provides information about the incident, the pending suspension and indicates whether or not you submitted to a test.

If the officer confiscated your driver’s license, you might be authorized to use the driver copy as a temporary license. The reverse side of the hearing request copy provides information and a form to request an administrative hearing before the Maryland Office of Administrative Hearings (OAH) within 30 days.

The arresting officer will also provide you with an “Advice of Rights Form” which explains the administrative sanctions related to your Maryland driving privilege. The form also discusses the additional penalties imposed and how to opt into the Ignition Interlock Program. You must indicate on the form either your agreement or refusal to take the test. The police officer and you both sign and date the form


Hiring an Attorney for the Administrative Hearing in Baltimore, Mayland

You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. Demanding the administrative hearing is the only way to contest the suspension and have it removed from your driving record.

You must request a hearing within ten (10) days of the date of the Order of Suspension to ensure that your privilege to drive is not suspended before your hearing.

Your criminal defense attorney can request an administrative hearing to show cause why the Motor Vehicle Administration should not suspend the driver’s license.

Call 443-709-9999 today to speak to an experienced DUI defense attorney in Baltimore, MD.


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DUI / DWI Administrative Suspension Hearings in Baltimore, Maryland

The administrative hearings are conducted by an administrative law judge of the Office of Administrative Hearings (OAH). During the hearing, the ALJ will usually admit into evidence the following documents:

  • the Officer’s Certification;
  • the Order of Suspension;
  • the State of Maryland Notification to Defendant of Result of Test for Alcohol Concentration;
  • the Drug Recognition Expert’s Certification Form;
  • the printout from the equipment that tested breath alcohol concentration; and
  • the Advice of Rights forms.

Your request for a hearing must be made in writing. The reverse side of the hearing request copy provides information and a form to request an administrative hearing. Send your request to the  following address:

Office of Administrative Hearings (OAH)
11101 Gilroy Rd.
Hunt Valley, MD 21031-1301

Along with the request, you must include a check or money order for $150.00, which is the required filing fee, made payable to the “Maryland State Treasurer.” Your request for a hearing will be invalid if submitted without the required $150.00 filing fee or applicable fee waiver.

The OAH will notify you of the hearing date and location. If applicable, your attorney will also receive hearing information from the OAH. If a hearing is requested within 10 days of the “order of suspension” date and your Maryland driver’s license was surrendered, your license will not be suspended before you appear for the scheduled hearing. A hearing request postmarked after the 30th day of the “order of suspension” date will be denied.

Your driver’s license or privilege will be suspended on the 46th day after the Order of Suspension if you do not request a hearing within 10 days of the date of the Order of Suspension. If eligible, you do not elect within 30 days of the Order of Suspension to participate in the Ignition Interlock System Program.

In order to receive credit for the suspension, you must surrender your driver’s license or certify that you no longer have the license in your possession. If you submit a valid hearing request, a suspension will not be imposed unless a decision is rendered against you, or if you fail to appear for the hearing.


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Length of the Suspension / Disqualification Periods in the State of Maryland

The length of that the driver’s license will be suspended, disqualified or revoked depends on whether you submitted to the test or failed, whether it is a first offense or a second or subsequent suspension, and whether a fatality was involved.

The MVA will notify you of the proposed action.In addition to the periods identified below, if your driving privilege was subject to an alcohol restriction at the time of the incident, you may face additional sanctions.

Credit for the suspensions will not be given until the MVA receives your current Maryland driver’s license or a signed statement that the license is no longer in your possession. The suspension/disqualification periods are as follows:

  • Submitted to the test and failed: Blood Alcohol Content 0.08 through 0.14
    • 1st offense- 180-day suspension
    • 1st offense involving fatality- 180-day suspension
    • 2nd or subsequent 180-day suspension
    • 2nd or subsequent involving fatality- 1-year suspension
  • Submitted to the test and failed: Blood Alcohol Content 0.15 or more
    • 1st offense- 180-day suspension
    • 1st offense involving a fatality- 1-year suspension
    • 2nd or subsequent offense- 180-day suspension
    • 2nd or subsequent involving fatality – revocation
  • Refused to submit to the test:
    • 1st offense- 270-day suspension
    • 2nd or subsequent offense- 2-year suspension
  • Operating a commercial motor vehicle at the time:
    • 1st offense- 1-year Commercial Driver’s License (CDL) disqualification
    • 2nd or subsequent offense- lifetime CDL disqualification
  • Operating a commercial motor vehicle carrying hazardous materials at the time:
    • 1st offense- 3 year CDL disqualification
    • 2nd or subsequent offense- lifetime CDL disqualification

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Issues at the Administrative “Per Se” Hearing

The issues at an MVA hearing on an administrative per se offense are generally limited to the following issues:

  • did the police officer have reasonable grounds to detain the driver on suspicion of drunk or drugged driving or a violation of an alcohol restriction;
  • was there evidence that alcohol and/or drugs had been used;
  • was the driver involved in a motor vehicle accident that resulted in death to another person;
  • did the police request the test after advising the driver of the administrative sanctions and the driver’s right to a hearing as required by law;
  • did the driver refuse the test; and
  • did the driver drive or attempt to drive with a BAC of at least 0.08 but less than 0.15 or a BAC of 0.15 or more at the time of testing.

After the hearing, MVA must suspend the driver’s license if the Administrative Law Judge finds that:

  • the police officer had reasonable grounds to detain the driver;
  • there was evidence of the use of alcohol and/or drugs; and
  • the police officer requested the test after advising the driver of his or her rights and the administrative penalties as required and there was a:
    • test refusal; or
    • the test result of at least 0.08 BAC at the time of testing.