Maryland

Administrative

Maryland has two charges for alcohol-impaired driving: DUI (driving under the influence) and DWI (driving while impaired). Each has separate criminal court implications.

An administrative suspension is a direct result of failing a breath test or refusing to take one. As a result, your license is confiscated and you are given a temporary license that expires in 30 days. If you refuse a test, or your blood alcohol concentration (BAC) is .08 or higher, you have 10 days from the date of your arrest to request a Maryland Motor Vehicle Administration (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.  It is possible that your time using an interlock while under administrative suspension will be applied to any additional MA court-ordered suspension if convicted on the same matter.  In some cases, you can obtain a restricted license that allows you to drive to work, school or other authorized locations. In Maryland, 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 one year. To have this option, you must install the interlock device within 30 days after your arrest.

Judicial

After a conviction for an alcohol-related offense, you’ll have 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 those under 21 and commercial drivers. There are also criminal penalties for both DUI and DWI in Maryland. First-time offense convictions can result in jail, fines, additional license suspension periods, and points added to your license. A full list of penalties can be found here.

A note about Maryland’s 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’re required to participate in an alcohol treatment program and be certified by testing as alcohol-free for more than one year.

Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.

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Benefits of installing an interlock as early as possible: The incentive is obtaining driving privileges and day for day credit for early install.