Maryland DUI Laws

Maryland State SealWhen you are arrested for a DUI in Maryland your license can be suspended in two different ways, administrative or judicial. An administrative suspension is a direct result of failing a breath test, or refusing to take one. Your license is confiscated and you are given a temporary license which expires in 45 days. Judicial suspensions are among the penalties that can be imposed when you are sentenced by a court after a trial or plea agreement.

You must deal with both administrative and judicial actions.

  • If you refuse a test, or your blood alcohol concentration is .08 or higher, you have 10 days from the date of your arrest to request an MVA hearing. If you do not request a hearing, or if your hearing is not successful, your license will automatically be suspended starting 46 days after your arrest
  • If you have an ignition interlock device installed while you have your temporary license, you should be able to avoid MVA court and a further administrative license suspension
  • In some cases you can obtain a restricted license which allows you to drive to work, school, or other authorized locations. If your chemical test result was .15 or higher, you are not eligible for a restricted license. Your only option in this instance is to install an interlock device in your vehicle for a period of one year. To have this option, you must install the interlock device within 30 days after your arrest
  • After a conviction for an alcohol related offense, you are subject to an additional MVA hearing. The MVA has the power to suspend or even revoke your driver’s license. The penalties are even more severe for people under 21 and commercial drivers
  • Suspension vs. revocation: After a suspension, your license is automatically reinstated. After a revocation for an alcohol related offense, you are not eligible for reinstatement for one year. You must also participate in an alcohol treatment program and be certified by testing as alcohol-free for more than one year

➨ Steps to Regaining Your License in Maryland

Additional Resources

Maryland Ignition Interlock Program
Maryland Driving Restrictions

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