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Driving Penalties for DUI Charges
The ability to drive after a DUI (Driving Under the Influence) charge in Maryland depends on various factors, including the specifics of your case, your Blood Alcohol Concentration (BAC) at the time of arrest, and any previous DUI or DWI (Driving While Impaired) convictions. To understand how these penalties relate to your case, contact our Rockville, MD DUI lawyer today. Here’s what you need to know:
License Suspension and the MVA
- Automatic License Suspension: In Maryland, if you are arrested for DUI and your BAC is 0.08% or higher, your driver’s license will be confiscated, and you will be issued an Order of Suspension. This order acts as a temporary license for 45 days.
- 45-Day Temporary License: During these 45 days, you are allowed to drive without restrictions. However, after this period, your license suspension will take effect unless you take action.
- Requesting an MVA Hearing: You have the right to request an administrative hearing with the Maryland Motor Vehicle Administration (MVA) to contest the license suspension. This request must be made within 10 days of the arrest to ensure that your driving privileges continue until the hearing date. If the hearing is requested within 30 days but after the initial 10-day period, the suspension will begin on the 46th day after the Order of Suspension was issued, and you will not be able to drive until the hearing occurs.
- Ignition Interlock Program: In some cases, you may be eligible to participate in the Ignition Interlock Program, which allows you to drive with a restricted license as long as an ignition interlock device is installed in your vehicle.
License Restrictions and Probation Before Judgment
- Restricted License: Depending on the outcome of your MVA hearing or court case, you may be granted a restricted license. This type of license typically allows you to drive under specific conditions, such as commuting to work or school.
- Probation Before Judgment (PBJ): In some DUI cases, particularly for first-time offenders, a judge may offer PBJ, which is not a conviction and could allow you to retain your driving privileges under certain conditions.
DUI Conviction and Driving
- Post-Conviction License Suspension: If you are convicted of a DUI, your license will likely be suspended. The duration of the suspension depends on the specifics of your case and any prior offenses.
- Reinstating Your License: After serving the suspension period and completing any required alcohol education or treatment programs, you will need to apply to have your license reinstated.
Contact Our Rockville DUI Lawyer Today
Given the complexities of DUI cases and Maryland’s traffic laws, it’s highly recommended to seek legal assistance if you are charged with a DUI. An experienced DUI attorney can help you navigate the legal process, represent you at MVA hearings and in court, and work to minimize the impact on your driving privileges.
In summary, your ability to drive after a DUI in Maryland depends on several factors, and the outcome can vary significantly based on the specifics of your case. Seeking legal representation is a crucial step in protecting your rights and driving privileges. Contact The Law Office of Daniel J. Wright to schedule your consultation today.
