A DWI arrest in Maryland starts two separate processes. One is the criminal case in court, and the other is an administrative action against the driver’s license. The second process has a short deadline that many drivers do not learn about until it has passed.
The License Action Is Separate From the Criminal Case
When a driver fails or refuses a chemical test, the Motor Vehicle Administration can issue an order of suspension. That order is not a conviction, and it does not depend on the outcome of the criminal charge. The administrative process has its own hearing, its own rules and its own timeline.
The Motor Vehicle Administration’s advice of rights states that a driver must request a hearing within 10 days of the date of the order of suspension to prevent the license from being suspended before the hearing takes place.
A Temporary Permit Provides Limited Time
A driver who is eligible receives a temporary driving permit valid for 45 days after the order of suspension. If the driver does not request a hearing within 10 days, or does not elect the ignition interlock program within 30 days, the suspension takes effect on the 46th day after the order.
That timeline leaves little room for delay. A driver who waits for the first court date before acting may find that the license has already been lost.
A Maryland DWI attorney can weigh whether to request a hearing and how to prepare for it, since the deadline arrives well before most criminal cases are even scheduled.
Suspension Periods Depend on the Test Result
The length of a suspension depends on whether a test was taken and what it showed. For a first offense, the periods stated by the agency are:
- 270 days for a refusal to take the test
- 180 days for a test result from 0.08 to 0.14
- 180 days for a test result of 0.15 or higher
Longer periods apply to later offenses, including two years for a second refusal. For results between 0.08 and 0.14, a hearing may lead to a modified suspension or a restricted license.
Different Allegations, Different Questions
The facts of the stop shape both processes. A person charged with impaired driving after taking prescribed medication or other substances faces questions that overlap with Maryland drug offenses allegations, and the evidence may differ from a typical alcohol case.
Drivers arrested for impaired driving also face Maryland DUI charges, a related but separate offense under the state’s traffic laws.
Because the criminal case can include other allegations, such as theft or assault, it can fall under Maryland criminal offenses as well, and the strategy for the whole matter should be considered together.
Refusing a Test Carries Its Own Consequences
Many drivers refuse a test hoping to avoid evidence, and the longer suspension for refusal surprises them. The decision about refusing a breathalyzer test carries consequences on both the license side and the criminal side, and it is a hard one to make in the moment.
What a Driver Can Do After an Arrest
A few steps protect the options that remain:
- Keep every document handed over at the time of arrest, including the order of suspension
- Mark the 10-day hearing deadline and the 30-day interlock election deadline on a calendar
- Write down the sequence of events while the details are fresh
- Avoid discussing the arrest on social media or in messages
The first days after a DWI charge are when a small mistake can turn into a lost license.
Building a Defense on Both Tracks
The criminal case and the license hearing can inform one another. The questions asked at an administrative hearing can shed light on how the stop and the test were handled. Whether to request a hearing, how to prepare for it and what its outcome means for the criminal case are decisions that should be made together, and a Maryland DWI attorney can weigh each of them against the facts of the stop.
Experience Across Criminal Matters
The Law Firm of Frederick J. Brynn, P.C. handles DWI and DUI cases, drug offenses and other criminal defense matters. Frederick J. Brynn has practiced law for more than 30 years, and Attorney Stephen F. Brennwald has practiced for 40 years and has been licensed in Maryland since 1985.
The ten-day deadline arrives long before most people have made a plan, and a driver who has just been arrested can reach out to the firm right away to protect the license while the criminal case is sorted out.
