Defending a MVA DUI Hearing
If you are arrested for a Maryland DUI, then the police officer will confiscate your Maryland driver’s license, issue a paper temporary license and prepare a case for the MVA DUI hearing.
At the MVA DUI hearing, your Maryland driver’s license may be suspended.
How does the MVA DUI hearing determine if your license will be suspended?
Unlike the criminal court proceedings, there is less room for a judge’s discretion at a MVA DUI hearing because the burden of proof is much lower. Additionally, the MVA judge will only focus on four factors to determine if your Maryland license will be suspended.
Did the police officer have a reason stop the car?
The first factor is whether or not the police officer had a reason to stop your car. As long as the police officer had a good faith basis to stop your car, then the MVA judge will rule in favor of the police officer.
Did the police officer advise you of your rights pursuant to Maryland Transportation Article 16-205.1?
The second factor is whether or not your were properly informed of your breathalyzer rights. The police are required to give you a form known as the DR-15. It is a form of rights that the officer is required to give you in order to advise you of the rights regarding the breathalyzer test.
Did you refuse the breathalyzer, or did the breathalyzer reveal that your BAC level was over the legal limit?
The final factor is whether or not you refused the breathalyzer. In order to be subject to Maryland Transportation Article 16-205.1, you must exhibit a BAC of at least .08 or greater. However, if you refused to take the breathalyzer, then you are subject to more severe penalties.
Schedule a free Maryland DUI Attorney consultation
While Maryland continues to do everything possible to limit your rights at a MVA DUI hearing, there are ways to successfully defend MVA DUI hearing. An experienced Maryland DUI Lawyer can help defend your case, or modify your suspension.
Maryland DUI Attorney Ross W. Albers offers a free consultation. During your free consultation, the Law Office of Ross W. Albers will review the facts, charges, MVA consequences and possible criminal penalties of your Maryland DUI case.
The Law Office of Ross W. Albers is a member of the National College for DUI Defense. Maryland DWI Lawyer Ross W. Albers was selected by Super Lawyers as a Rising Star in Criminal Defense: DUI.