First Maryland DUI, 0.14 BAC or lower, and MVA 45 day work restriction
The MVA 45 day work restriction is an exception to the 45 suspension faced by first offense DUI offenders in Carroll County, Maryland.
What is the 45 day work restriction?
I successfully argued to save two DUI clients’ privileges to drive in Maryland at the Office of Administrative Hearings!
The DUI clients were facing 45 day suspensions of their Maryland licenses by the MVA. Remember, if your BAC (blood alcohol content) is 0.14 or lower, then you are facing a 45 day suspension of your license in Maryland. The first DUI client had a BAC of 0.14 and the second DUI client had a BAC of 0.08, so they were both facing 45 day suspensions.
An experienced Maryland DUI Attorney knows to counsel their client to request a MVA hearing within 10 days of their arrest when their BAC is 0.14 or lower. Why? Because, your Maryland DUI Attorney can ask the administrative law judge to grant the client a 45 day work restriction.
A 45 day work restriction means that the DUI client is allowed to drive to and from work only for 45 days. Upon completion of the 45 day restriction, the client can go back to the MVA and get a new unrestricted driver’s license.
So, rather than having your license suspended for 45 days, you can have your suspension modified in order to can keep driving. Additionally, if you have frequent medical appointments and/or are attending alcohol treatment, you can have your 45 suspension modified to allow you to drive for those reasons, too.
However, these modifications are not a sure thing! In today’s hearings, my first DUI client blew a 0.14 and was granted the work restriction with no issues. But, my DUI client who blew a 0.08 had more difficulty convincing the judge to give her the work restriction.
Why? Because, her driving record had a prior reckless driving conviction and her present DUI case involved speeding more than 30 mph over the speed limit. The administrative law judge expressed concern with granting her a work modification due to her speed and prior conviction.
Here’s where a Maryland DUI Attorney can help. First, my DUI client was able to explain away the reckless driving conviction. Second, she testified that her speed in this case was out of character. I had her testify that she has been a licensed driver for 10 years and now drives approximately 60 miles a day, five days a week, for her job. With these facts, I was able to show the judge that my client actually is a pretty good driver and can be trusted. She’s been driving for 10 years, has one conviction on her record and does a lot of driving. So really, she’s not a bad driver.
The judge agreed and granted my DUI client a 45 day work restriction. The client was very happy, and left the MVA hearing under the speed limit.
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Maryland Attorney Ross W. Albers is a former Baltimore City prosecutor. The Law Offices of Ross W. Albers is based in Carroll County and handles the following matters throughout Maryland: criminal, driving under the influence, juvenile, peace orders, and personal injury. Contact Carroll County DUI Attorney Ross W. Albers to schedule a free consultation today.