Breath Test Hearings
If you refuse to take a breathalyzer test -- or take one and the results are "too high" -- the police officer will take your regular license and give you a temporary 45 day permit. After the temporary permit expires, you will be suspended a minimum of 180 days and for up to 2 years unless you fight the suspension at an MVA hearing. If you wait more than 10 days after your arrest, you are hurting your chances of keeping your driving privileges.
State law requires that very specific procedures and facts must occur before your license can be suspended. Police officers often make mistakes which can cause the action against you to be dropped. You have the right to have a lawyer with you. His job is to find those mistakes and errors for you.
If you collect 8 or more points in a 2-year period, the MVA can suspend your driver’s license. If you have at least 12 points during that period, you’re facing revocation. If, however, driving is a part of your employment, the minimum is 16 points for suspension and 19 for a revocation.
Having “too many” points on your record is obviously not a good idea, but a suspension or revocation is not automatic. You can request a hearing. The proposed suspension/revocation will be stopped until you have a chance to tell “your side”. (Having an experienced attorney with you is always a good idea.) At your hearing, you can present proof that you’ve attended a “driver improvement course” or have a good explanation (“there was an emergency”).
Even if you’re revoked, it’s usually not permanent. If the revocation is your first one, you can apply for reinstatement after six (6) months. You might be able to get an “ignition interlock” (car won’t start if you’ve been drinking) and avoid revocation or suspension.
Hearing After Drunk Driving Convictions
If you are convicted of drunk driving (“conviction” means the judge entered “guilty” on your court case), the MVA will be notified. You will receive a letter in the mail telling you that your license will be revoked as a result of your conviction within a specific number of days unless you request a hearing.
At the hearing (again, an experienced attorney should be with you), you’ll have a chance to tell an Administrative Law Judge why you are not a public danger on the road. Reasons could include participation in alcohol education or treatment programs (such as Alcoholics Anonymous) and evidence that you no longer drink. Often the result will be a suspension only, not a revocation.
Please contact Richmond Davis at 410-730-5550 for further information and an appointment.
Law Offices of Richmond Davis, LLC • 5525 Twin Knolls Road, Suite 325, Columbia, MD 21045