One can lose a drivers’ license before a conviction

One can lose a drivers’ license before a conviction

On Behalf of | Oct 19, 2021 | Drunk Driving

We often speak about DUIs and DWIs on this blog. Indeed, last week, we spoke about how one can lose their license if one is convicted for drunk driving. However, if one fails an alcohol test or refuse to take one, drivers can still lose their license.

Wait, one can lose their license for a DUI or DWI without a conviction?

Yes. In Maryland, if one is pulled over for a suspected DUI or DWI, there are potential consequences. If one refuses to have their blood alcohol or drug concentration tested, or if they fail a blood alcohol or drug concentration test, the police officer will confiscate their Maryland driver’s license, issue a temporary, paper, license and then prepare a MVA file. And, if one has a commercial driver’s license, this will likely suspend those driving privileges.

What is handed over by the arresting officer?

In addition to the paper license, the Annapolis, Maryland, arresting officer will give the accused an Officer’s Certification and Order of Suspension. This form gives the accused a detailed list of the incident, the pending driver’s license suspension and whether or not a test was conducted (and its results, if one was taken). Though, the paper license can be used as a temporary driver’s license.

The document will also include information to request a hearing and the Ignition Interlock Program. An administrative hearing can be requested within 30 days before the Maryland Office of Administrative Hearings.

So, what happens during the arrest?

One can request the administrative hearing to show cause why one should not have their driver’s license and privilege pulled. For those that had their driver’s license suspended (a failed test), they have 10 days to appeal it.

How to request the appeal

The request for an Administrative Hearing must be done in writing on the form provided. It must be sent to OAH at 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301. The fee is $150.00, and it must be paid by either check or money order, payable to the “Maryland State Treasurer.”