Maryland DUI License Suspensions and Hearings

Understanding Maryland Implied Consent Laws

Any person who drives or attempts to drive a motor vehicle on a highway or any private property used by the public in general in the state of Maryland is deemed to have consented to chemical testing upon detention by the police on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol to the extent that the person could not drive a vehicle safely, or while impaired by a controlled dangerous substance.

The police may not compel a person to submit to chemical testing. However, the person must be informed by the police that refusal to submit to testing or a test result that indicates a blood alcohol content (BAC) of .08 or higher will result in the administrative suspension of the person's privilege to drive in accordance with the penalties listed below. The fact that a person refused chemical testing is admissible evidence at trial.

Refusing to take a DUI chemical test in Maryland

An initial refusal to take a test that is later withdrawn is not a refusal to take a test. A person who initially refuses to take a test is permitted to withdraw their initial refusal and subsequently consent to take the test if the subsequent consent is unequivocal, does not substantially interfere with the timely and efficacious administration of the test; and is given by the person before the delay in testing would materially affect the outcome of the test and within 2 hours of the person's arrest.

Maryland Administrative Suspension Lengths

FIRST OFFENSE BAC .08 OR HIGHER - 45 day license suspension

FRIST OFFENSE BAC .15 OR HIGHER - 90 day license suspension

FIRST OFFENSE REFUSAL - 120 day license suspension

SECOND OR SUBSEQUENT OFFENSE BAC .08 OR HIGHER - 90 day license suspension

SECOND OR SUBSEQUENT OFFENSE BAC .15 OR HIGHER - 180 day license suspension

SECOND OR SUBSEQUENT OFFENSE REFUSAL - 1 year license suspension

COMMERCIAL DRIVERS - REFUSAL - 1 year license suspension for first offense refusal (3 years if transporting hazardous materials at time of offense), lifetime license revocation if CDL was previously disqualified for at least 1 year

The Maryland DUI License Suspension Process

Upon arrest for a DUI/DWI offense in Maryland, persons who are not unconscious or otherwise incapable of refusing to take a test will be advised of the consequences of refusing as well as the consequences that will be imposed if a test result over the legal limit is obtained. If the person refuses chemical testing, or submits to chemical testing that reveals an illegal BAC, the police will confiscate the person's driver's license and personally serve an order of suspension on the person. The police will also issue a temporary driving permit that will be valid for 45 days. The police must inform the person that they have a right to request a hearing within 10 days of the arrest to show cause why the person's driver's license should not be suspended. A hearing will be scheduled within 45 days. Failure to request a hearing will result in the suspension of the person's driver's license in accordance with the penalties listed above.

Persons who refuse chemical testing or take a test that indicates an alcohol concentration of 0.15 or more at the time of testing may participate in the Ignition Interlock System Program instead of requesting a hearing, so long as the following conditions are met:

1. The person's driver's license is not currently suspended, revoked, canceled, or refused;
2. The person was not charged with a moving violation arising out of the same circumstances as an administrative offense that involved a death of, or serious physical injury to, another person; and
3. Within the applicable time limits, the person:
A. Surrenders a valid Maryland driver's license or signs a statement certifying that the driver's license is no longer in the person's possession; and
B. Elects in writing to participate in the Ignition Interlock System Program for 1 year

Note: CDL drivers, or those drivers who need to drive company cars should always request a hearing.

The Maryland DUI License Suspension Review Hearing Process

A person who refused chemical testing or submitted to a test that revealed a BAC .08 or higher may request a hearing within 10 days of arrest to contest the suspension of their driver's license. At the hearing, the issues are limited to the following:

1. Whether the police officer who stops or detains a person had reasonable grounds to believe the person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance,

2. Whether there was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

3. Whether the police officer requested a test after the person was fully advised of the administrative sanctions that shall be imposed;

4. Whether the person refused to take the test;

5. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.08 or more at the time of testing;

6. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.15 or more at the time of testing; or

7. If the hearing involves disqualification of a commercial driver's license, whether the person was operating a commercial motor vehicle or held a commercial driver's license.

After the hearing, the Administration will suspend the driver's license or privilege to drive of the person charged if the above issues are answered in the affirmative. The Administration will disqualify the person from driving a commercial motor vehicle after a hearing if:

1. The person was detained while operating a commercial motor vehicle or while holding a commercial driver's license;

2. The police officer who stopped or detained the person had reasonable grounds to believe that the person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance;

3. There was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance;

4. The police officer requested a test after the person was fully advised of the administrative sanctions that shall be imposed; and

5. The person refused to take the test.

If, following a hearing, the Administration determines the license suspension was valid, the person may appeal the final order of suspension to higher courts for review.
The Administration may modify a suspension or issue a restrictive license, including a restriction that prohibits the licensee from driving or attempting to drive a motor vehicle unless the licensee is a participant in the Ignition Interlock System Program, if:

(i) The licensee did not refuse to take a test;

(ii) The licensee has not been convicted under ß 21-902 of this article;

(iii) The licensee has a test result indicating an alcohol concentration of less than 0.15; and

(iv) The license is required for the purpose of attending:

1. A non collegiate educational institution; or

2. A regular program at an institution of post-secondary education.

Persons who refused chemical testing or took a test that indicated an alcohol concentration of 0.15 or more are typically ineligible for a suspension modification or a restrictive license unless the licensee participates in the Ignition Interlock program for a period of 1 year.