An alcohol restriction on your license makes it a crime for you to operate a vehicle with any level of alcohol in your blood. Any person who is under the age of 21, already has a driver’s license with an “Under 21 Alcohol Restriction.”
If you have a prior impaired driving offense, then you may be subject to an alcohol restriction on your license that was imposed on an administrative basis or by a court order after a conviction. An alcohol restriction on your Maryland driver’s license also mandates that you submit to a chemical test when an officer suspects that you may be driving under the influence.
If you refuse the test or test positive for any level of alcohol, then you will be subject to additional sanctions.
Attorney for Violating a Driving Restriction in Maryland
The MVA is required to suspend or revoke your driver’s license for having violated a restriction. The timing of the suspension or revocation depends on whether or not the restriction is alcohol related. If the restriction is alcohol related, the Administrative Adjudication Division (AAD) of the MVA will move to suspend/revoke your license immediately.
In fact, the administrative suspension is often called an “on the stop suspension” because it often applies before you pay the fine or appear before the District Court. If the restriction is not alcohol related, the AAD takes action only after it has received information from the District Court that you either paid the fine, thereby admitting guilt, or were found guilty by the judge.
Call the experienced criminal defense attorneys of James E. Crawford, Jr. & Associates at 443-709-9999 to discuss any criminal charge of violating a license restriction or related charges today.
- Examples of Alcohol Related Driving Restrictions
- The Notice of Suspension / Revocation from the MVA for Violating a Driving Restriction
- Violating the Alcohol Restriction when Under 21 Years Old
- Reinstating the License After the Suspension or Revocation Period Ends
Examples of Alcohol Related Driving Restrictions
The most common examples of an alcohol-related driving restriction in Maryland include:
- the required use of an ignition interlock device that measures your blood alcohol concentration (BAC) level and prevents your vehicle from starting if you have been drinking; and
- if you are under 21 years of age you are restricted from driving or attempting to drive a motor vehicle while having a blood-alcohol concentration (BAC) level between .02 grams/100ml and .08 grams/100ml.
The Notice of Suspension / Revocation from the MVA for Violating a Driving Restriction
If you received a notice of suspension or revocation from the MVA for violating a driving restriction then complete and immediately return your notice to the MVA. You have two options when completing the notice.
You can hire an experienced criminal defense attorney to request a hearing to show cause why your driver’s license should not be suspended or revoked. The Office of Administrative Hearings (OAH) will hold your hearing. To select this option, your demand for the hearing must be mailed to MVA’s Administrative Adjudication Division (AAD) office before your suspension date. You do not have to turn in your driver’s license until your hearing.
If you hire an attorney to request a hearing, the Office of Administrative Hearings (OAH) will notify you of the hearing date, time and location. Usually, the hearing will be held at the hearing office nearest to your residence, unless you request a different location.
You can waive your right to a hearing. If you select this option, your license will be suspended or revoked on the date indicated on the notice. Your most recently issued driver’s license must be returned with the notice. If you no longer possess the license, you must submit a Certified Statement that explains why you do not have the license.
Keep in mind that the required minimum suspension/revocation period cannot begin until your license is received. Don’t delay in returning your driver’s license so that the actual duration of your suspension/revocation is not longer than necessary.
Any violate of a suspension will result in a separate suspensions that run consecutively (back to back) unless otherwise ordered by the OHA administrative law judge.
The suspension period will last for at least six (6) months. The length of the revocation period depends upon your driving record but the required, minimum suspension/revocation period does not begin until your license is received.
Violating the Alcohol Restriction when Under 21 Years Old
If you are under 21 years old and you violate your alcohol restriction, then you must automatically participate in the ignition interlock program or face suspension. If assignment to interlock is for a second alcohol violation in 5 years, the duration of participation in the ignition interlock program is determined by how many times they have been assigned to interlock due to one of these violations.
The MVA’s Driver Wellness and Safety Division (DW&S) determines the revocation period and when you can apply to have your license reinstated. When the suspension period is over, you may apply for a duplicate driver’s license at any full-service MVA branch office.
However, if your driver’s license expires during the suspension period and the suspension period extends for more than one year past the expiration date, you will need to apply for a new license and be retested.
Additional InformationMVA – Administrative Adjudication Division
6601 Ritchie Highway, NE
Glen Burnie, MD 21062
MVA Customer Service Center: 1-410-768-7000
TTY/Hearing Impaired: 1-301-729-4563