Alpert Schreyer, LLC is dedicated to providing comprehensive legal guidance to individuals facing DUI charges in Maryland. A DUI (Driving Under the Influence) charge can have serious consequences, including administrative penalties that can affect your driving privileges, finances, and reputation. Understanding the administrative penalties and their requirements is crucial for those accused of DUI in Maryland. In this article, we will delve into the various administrative penalties for DUI in Maryland and highlight the essential steps to navigate through these challenging situations.
Administrative Penalties for DUI in Maryland
When a person is arrested for DUI in Maryland, they face not only criminal charges but also administrative penalties that are handled by the Maryland Motor Vehicle Administration (MVA). These penalties are separate from any court-imposed fines or other criminal consequences. The MVA’s administrative actions are taken to ensure public safety and discourage future DUI offenses.
The administrative penalties for DUI in Maryland primarily focus on the suspension or revocation of the driver’s license. These penalties are determined based on factors such as blood alcohol content (BAC) level and any previous DUI convictions within a specific time frame.
License Suspension and Revocation
The duration of license suspension or revocation for a DUI offense in Maryland varies depending on the circumstances of the case:
- First Offense: If it’s the driver’s first DUI offense and their BAC is below .15%, their license may be suspended for up to 45 days. However, if the BAC is .15% or higher, the suspension period may be extended to 90 days.
- Second Offense: For a second DUI offense within five years, the driver’s license may be revoked for one year. After the revocation period, the individual will need to install an ignition interlock device (IID) in their vehicle for up to three years.
- Third or Subsequent Offenses: For third or subsequent DUI offenses within five years, the driver’s license may be revoked for up to three years, with a possibility of having an IID installed for a more extended period upon reinstatement.
Ignition Interlock Program
In Maryland, an ignition interlock program allows certain DUI offenders to continue driving with restrictions after serving a suspension or revocation period. The IID is a breathalyzer device installed in the offender’s vehicle that requires them to pass a breath test before starting the car.
For first-time offenders with a BAC of .15% or higher and all repeat DUI offenders, participating in the ignition interlock program is mandatory to have their driving privileges reinstated.
Administrative Hearing
Before imposing administrative penalties, the MVA provides individuals with the opportunity to request an administrative hearing. This hearing allows the accused to present their case and challenge the suspension or revocation of their driver’s license. It is crucial to have legal representation during this hearing to effectively advocate for the individual’s rights and interests.
During the hearing, various factors will be considered, such as the legality of the traffic stop, the accuracy of the BAC test, and any other relevant evidence. A skilled DUI defense attorney from Alpert Schreyer, LLC can help gather essential evidence and present a compelling argument on behalf of the accused.
Requirements for Reinstatement
Once the suspension or revocation period is over, reinstating the driver’s license is not automatic. There are several requirements that must be met before the MVA will reinstate the driving privileges:
- Completion of Suspension Period: The individual must complete the full suspension or revocation period without any additional violations.
- Payment of Fees: Reinstatement fees must be paid to the MVA before the driving privileges are restored.
- Completion of DUI Education Program: Depending on the circumstances of the DUI offense, the individual may be required to complete a DUI education or treatment program.
- Ignition Interlock Device Compliance: If required to install an IID, the individual must comply with all program guidelines and demonstrate responsible use of the device.
Challenging Administrative Penalties
Navigating through administrative penalties for DUI in Maryland can be overwhelming, but it’s essential to remember that individuals have the right to challenge these penalties with the help of experienced legal representation. Alpert Schreyer, LLC has a proven track record of successfully challenging administrative actions and advocating for their clients’ best interests.
- Reviewing Evidence: Skilled DUI defense attorneys from Alpert Schreyer, LLC thoroughly review the evidence against their clients to identify any weaknesses or inaccuracies. This includes scrutinizing the results of field sobriety tests, breathalyzer tests, and other relevant evidence.
- Legal Expertise: DUI laws in Maryland can be complex, and understanding the nuances requires legal expertise. The attorneys at Alpert Schreyer, LLC have extensive knowledge of Maryland’s DUI laws and stay up-to-date with any changes or developments in the legal landscape.
- Procedural Errors: In some cases, administrative penalties may be challenged based on procedural errors during the DUI arrest or hearing process. If law enforcement or the MVA failed to follow proper procedures, it may result in the reduction or dismissal of administrative actions.
- Negotiation with the MVA: DUI defense attorneys can negotiate with the MVA to potentially reduce the length of license suspension or explore alternative options such as participation in a restricted driving program.
If you or a loved one is facing DUI charges in Maryland and dealing with administrative penalties, seek experienced legal counsel from Alpert Schreyer, LLC. Our dedicated team of DUI defense attorneys will navigate through the complex legal process, protect your rights, and strive for the best possible outcome. Don’t hesitate to reach out to us today to schedule a consultation and receive the support you need during this challenging time. Your future and driving privileges are too important to leave to chance. Let Alpert Schreyer, LLC help you fight for justice and a brighter tomorrow.