If you were charged with a DUI, then you likely face a lengthy suspension of your driver's license. Under Maryland law, your license will be suspended for 180 days if you took a breathalyzer test and blew .08 or above. Your license will be suspended for 270 days if you refused the breathalyzer test. The suspension periods may be longer for repeat offenders.

You can fight the suspension by requesting a hearing. If you request the hearing within 10 days, the suspension of your license will be stayed until after the hearing takes place. No matter what, you must request the hearing within 30 days or it is too late. There is a $150.00 filing fee that must accompany your hearing request. If you fail to request a hearing or elect the ignition interlock, any suspension will begin on the 46th day after your arrest.

A hearing takes place before an Administrative Law Judge and is virtual using the WebEx platform. The only people present are the licensee, the licensee's attorney, and the judge. The MVA submits its exhibits electronically and does not appear at the hearing.

The Admnistrative Law Judge has limited discretion at these hearings. If they find one of the limited grounds to take "no action", they can rule in your favor. For example, they can find that you were misled by the police officer in advising you of your right to take or refuse the test or that the officer did not have reasonable grounds to stop you in the first place. There are other limited issues that can be raised at the hearing.

If the ALJ finds that you blew .08 or above or refused the test and there are no defenses, then the judge must take action against your license or offer you the ignition interlock. If you blew between .08 and .14, the judge can give you a restricted license for work, alcohol treatment, and other limited purposes for 180 days. If you refused the test or blew .15 or above, you must either accept the suspension or elect the ignition interlock for one year.

It is important to have an attorney if you decide to go the MVA hearing. These hearings are complex and difficult to win. You also have the option of electing the interlock without going to the hearing.