Getting a Maryland license suspension for DUI can have a significant impact on your day-to-day life.
Maryland’s implied consent law means every driver automatically agrees to chemical testing when they get behind the wheel. If you refuse that test or fail it, the Motor Vehicle Administration (MVA) can suspend your license through an administrative process that’s separate from any criminal case. This dual-track system catches many drivers off guard.
Let’s break down how Maryland’s DUI license suspension system works, what penalties you face, and what options you have to protect your driving privileges. For direct access to the Maryland rule governing license suspensions, click here.
Table of Contents
The Implied Consent Law Explained for Maryland License Suspension for DUI
When you drive in Maryland, you automatically consent to chemical testing if police suspect you of impaired driving. This applies whether you’re on public roads or private property that the public uses, like parking lots.
Police can request breath, blood, or both types of tests to measure your blood alcohol concentration (BAC) or detect drugs in your system. The law covers several impairment scenarios:
- Driving under the influence of alcohol
- Driving while impaired by alcohol
- Driving while impaired by drugs or a combination of drugs and alcohol
- Driving while impaired by controlled substances
- Violating alcohol restrictions on your license
You can refuse the test, but that refusal comes with its own set of penalties that are often harsher than failing the test itself.
Automatic Suspension Penalties
The MVA imposes automatic license suspensions based on your test results or refusal, regardless of what happens in criminal court. Here’s how the penalties break down:
Standard BAC Test Results
| BAC Level | First Offense | Second+ Offense |
|---|---|---|
| 0.08-0.14 | 180 days | 180 days |
| 0.15+ | 180 days | 270 days |
Test Refusal Penalties
| Offense | Suspension Period |
|---|---|
| First refusal | 270 days |
| Second+ refusal | 2 years |
Fatal Accident Penalties
If your DUI incident involved a fatal accident, the penalties increase significantly:
| BAC Level | First Offense | Second+ Offense |
|---|---|---|
| 0.08-0.14 (fatal accident) | 6 months | 1 year |
| 0.15+ (fatal accident) | 1 year | License revoked |
The Administrative Process
When police arrest you for DUI in Maryland, they start an administrative process that moves quickly:
Immediate Actions: The officer confiscates your Maryland license and issues a temporary 45-day driving permit. You receive an order of suspension that explains your rights and next steps.
Timeline: You have just 10 days from your arrest to request a hearing if you want to challenge the suspension while keeping your temporary driving privileges. After 10 days, you can still request a hearing within 30 days; however, your license will be suspended immediately.
Required Warnings: Police must inform you about the penalties for refusing the test and for BAC levels of 0.15 or higher. They must also explain that you can participate in the Ignition Interlock Program instead of facing a suspension.
Your Hearing Rights
If you request a hearing within 10 days, the MVA must schedule it within 30 days. During the hearing, you can challenge the suspension on limited grounds:
- Whether police had reasonable grounds to stop you
- Whether there was evidence of alcohol or drug use
- Whether you were properly advised of the penalties
- Whether you actually refused the test
- Whether your BAC was 0.08 or higher
- Whether your BAC was 0.15 or higher
- For commercial drivers, whether you held a commercial license
- Whether you were involved in a fatal accident
The hearing officer can only consider these specific issues. They can’t consider factors like whether you were actually impaired or whether the traffic stop was justified for other reasons.
Commercial Driver Penalties
Commercial drivers face additional penalties that can end their careers:
CDL Disqualification Periods
| Offense Type | First Offense | Subsequent Offense |
|---|---|---|
| Standard refusal | 1 year | Lifetime |
| Hazmat transport refusal | 3 years | Lifetime |
Commercial drivers can’t get restricted licenses during disqualification periods, and these penalties apply even if you were driving a personal vehicle when arrested.
The Ignition Interlock Alternative
Maryland offers an alternative to license suspension through the Ignition Interlock System Program. This device prevents your car from starting if it detects alcohol on your breath.
Interlock Program Requirements
| Violation Type | Program Length |
|---|---|
| BAC 0.08-0.14 | 6 months |
| BAC 0.15+ | 12 months |
| Test refusal | 12 months |
To qualify for the interlock program, your license must be in good standing, and you must elect to participate within the same timeframe as requesting a hearing.
Special Circumstances
Unconscious Drivers: If you’re unconscious or unable to refuse testing, police can direct medical personnel to draw blood without your consent.
Withdrawal of Refusal: You can change your mind about refusing a test, but only under strict conditions. You must withdraw the refusal quickly and unequivocally, within two hours for alcohol testing or four hours for drug testing.
Multiple Offenses: If you face multiple administrative violations from the same incident, Maryland only imposes the longest suspension period, not multiple consecutive suspensions.
Have a preliminary inquiry hearing set for your DUI or DWI? Read more about the importance (or lack thereof) of this hearing here.
Protecting Your Rights
The administrative suspension process moves fast, but you have options:
Act Quickly: Request a hearing within 10 days to preserve your temporary driving privileges during the appeal process.
Consider Interlock: The ignition interlock program allows you to continue driving while serving your penalty, which can be crucial for maintaining work and family responsibilities.
Get Legal Help: DUI laws are complex, and the stakes are high. An experienced attorney can challenge the suspension and help you navigate both the administrative and criminal processes.
Understand Your Needs: If you qualify for a restricted license, you can drive for specific purposes, such as work, medical appointments, or attending alcohol treatment programs.
Not sure about the difference between a DUI and DWI in Maryland? We have an article here that explains it all.
Long-Term Consequences of a Maryland Suspension for DUI
A DUI license suspension affects more than just your ability to drive. It can impact your employment, especially if you drive for work or need reliable transportation to get to your job. The suspension also creates a permanent record that can affect future DUI penalties and insurance rates.
The administrative suspension is separate from any criminal penalties you might face. Even if you beat the criminal charges, the administrative suspension can still stand. Conversely, you might face criminal penalties even if you successfully challenge the administrative suspension.
We Can Help You with Your Maryland License Suspension for DUI
Remember that the administrative suspension is just one part of a DUI case. You’ll also face criminal charges that can result in additional penalties, including jail time, fines, and a permanent criminal record. Addressing both the administrative and criminal aspects of your case gives you the best chance of minimizing the impact on your life.
If you’re facing a DUI license suspension in Maryland, don’t navigate this complex system alone. The decisions you make in the days following your arrest can affect your driving privileges for months or years to come. Our lawyers have over forty-five years of experience; let them put that to good use for you. We can handle DUIs related to drinking or drugs.
You can call us 24/7 for a free consultation at 301.513.7832. Or, you can complete this online form, and an attorney will contact you within ten minutes.
