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| The MVA |
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In the event a driver has refused a breath test or submitted to a breath test with a result of .08 or above, the MVA will move to suspend his privilege to drive in Maryland.
The length of the proposed suspension is determined by several factors. Whether the driver refused the test, took the test, had a result of .15 or above, and whether there have been any prior offenses will affect the length of suspension and whether the suspension can be modified. |
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- If your test result is an alcohol concentration of at least .08 but less that .15, the suspension will be for 45 days for a first offense and 90 days for a second or subsequent offense.
- If your test result is an alcohol concentration of .15 or more, the suspension will be 90 days for a first offense and 180 days for a second or subsequent offense.
- If you refuse to submit to a test, the suspension will be for 120 days for a first offense and one (1) year for a second or subsequent offiense
- If your test result is an alcohol concentration of .08 but less than .15, the suspension may be modified or a restrictive license issued at a hearing in certain circumstances. A restricted license would allow you to drive for the limited purposes of work, school, alcohol education/treatment classes, and health care treatment. |
You must request a hearing within 10 days of the Order of Suspension
(Generally this is the arrest date, unless right before midnight, look at the date on the order of suspension issued by the officer.) Failure to do so, and you may lose your driving privilege prior to the hearing. You must request a hearing within 30 days of the Order of Suspension or you will not be able to request a modification or restricted license at a hearing. Please note that the decision to issue a modification or a restricted license is up to the administrative law judge. There are additional factors that may preclude you from obtaining a modification or restricted licesnse. |
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- If you refuse a test, or take a test with a result of a .15 or more, you will be ineligible for modification of the suspension or issuance of a restrictive license, unless you participate in the ignition interlock system program. Instead of requesting a hearing, you may elect to participate in the Ignition Interlock Program for a period of one year. There are certain conditions that must be met in order to participate in the program. |
As your attorney, I will assist you with the decision of whether to participate in the program or request a hearing. In the event that you request a hearing, the decision to allow you to participate in the ignition interlock program is left to the discretion of the administrative law judge. For more information about the ignition interlock program, please review the tab on the site. |
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