Keep in mind that if you want to avoid a suspension of your driver’s license or driving privileges, you must request a hearing with the Motor Vehicle Administration (MVA) within 10 days of the issue date of the officer’s certification and Order of Suspension. You technically have 30 days to request a hearing, but in order to ensure your license is not suspended before the hearing, it is best to make the request within 10 days. Your driver’s license will be suspended on the 46th day after the Order of Suspension if you do not request a hearing within 10 days of the Order of Suspension or you do not elect to participate in the Ignition Interlock System program for one year instead of requesting a hearing.
Potential Penalties
First-time offenders who are convicted of DUI in Maryland, Virginia, or Washington, D.C. will be subject to a driver’s license suspension, monetary fines, and/or jail time. Specifically, the MVA will:
- Revoke your license for 6 months
- Impose 12 points on your driver’s license
In addition, a first DUI offense carries a maximum penalty of one year in jail and/or a $1,000 fine. Finally, an Ignition Interlock Device (IID), which is a breathalyzer device connected to the car that does not allow the car to start if the driver’s blood alcohol concentration (BAC) is over the programmed limit, is not required for your first offense. If you refuse to submit to an alcohol-related test, or submit to a test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your driver’s license will be confiscated, you will be issued an Order of Suspension, and if eligible, a temporary license valid for 45 days.
Second-time or subsequent offenders who are convicted of DUI will be subject to a driver’s license suspension, monetary fines, jail time, and use of an IID. Specifically, the MVA will:
- Revoke your driver’s license for one year
- Require the use of an IID for a 3-12 month period
- Impose 12 points on your license
- Recommend an alcohol abuse program
In addition, a second DUI offense carries a maximum penalty of 2 years in jail (with a mandatory minimum of five days) and/or a $2,000 fine. If your alcohol test result reveals an alcohol concentration of at least 0.08, but less than 0.15, the suspension of your driver’s license will be 90 days. If your test result is 0.15 or more, the suspension will be 180 days for a second or subsequent offense. If you refuse the test, the suspension will be one year for a second or subsequent offense.
For third-time offenders who are convicted of DUI, the MVA will revoke your license for 18 months. In addition, a third DUI offense carries a maximum penalty of three years in jail and/or a $3,000 fine.
Note that in Maryland, the lookback period, or period of time that prior DUIs are relevant for sentencing, is 10 years. In other words, judges can take into account prior DUI convictions within 10 years when sentencing for a current DUI offense.
It is imperative that you hire an experienced DUI attorney if you have subsequent DUI offenses. If you have been charged with your second or a subsequent DUI, the penalties increase substantially and an experienced DUI attorney can work hard to limit these consequences. Experienced DUI attorneys have extensive knowledge necessary to walk you through the process and increase the possibility of a favorable outcome.
