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DUI / DWI Information Cases Regarding Your Driver License
Based on the result of your refusal to submit to testing or actual testing itself, your Maryland driver’s license can be suspended. You can face to lose your ability to drive in the State of Maryland before appearing in court to litigate your case.
To Request a Hearing
YOU SHOULD READ THE INFORMATION PRESENTED BELOW AND TALK TO A LAWYER BEFORE YOU MAIL IN YOUR REQUEST:
A. BAC Between .08-.14
If you have been tested with blood test result or breath from .08 until.14, you will fit the requirement for a restricted driver’s license for 6 months. If you enroll in an interlock program for 6 months, you can stop an administrative adjudication and where your driver license will be suspended. You do not have to do the hearing to receive the Interlock. To receive your Interlock Restricted Driver’s License, you have to go to the MVA and have the interlock installed.
B. BAC Between 0.15 or Above
If an individual is tested by blood or breath with a result of 0.15 or above, you will not be able to receive a restricted driver’s license for treatment, work, medical necessity, or education. You can argue correctness of the procedure and test. If you do not win at the adjudication where your license will be suspended for the first offense is 180 days and for an additional offense having no modification would be 270 days. In the ALJ’s discretion, an interlock can be recommended at the adjudication as opposed to suspending the driver license.
With no hearing, you can have the interlock installed on your vehicle. Your driver license will be suspended if you request a hearing beyond 45 days. If your car is totaled or damaged, it may be more than 45 days to acquire your vehicle. An individual can get out of the suspension and be eligible into the Interlock Program.
C. Refusal
You will not be able to qualify for a restricted driver’s license for treatment, work, medical necessity, or education if you had refused to take a breath or blood test. You can request an adjudication to argue whether the refusal to take the test was valid. However, if an individual do not win, for the first offense there is a 270 days suspension and for the subsequent offense there is a 2 years suspension. That determination is by the Administrative Law Judge.
At any time an individual can be part of the program for the ignition interlock. If the waiting period is beyond 45 days, the suspension will start for 270 days or 2 years. There are circumstances where you take greater then 45 days to obtain your vehicle such it being totaled or damaged.
D. Why Do You Need an Attorney
The most important thing is that I start to review your case right away as soon as possible because there are many technical defenses. As your attorney, I can subpoena information about the device to see if they are functioning correctly in order to contest the validity of the test.
You must attend a program certified by the court for alcohol education if necessary. The program for alcohol education which is certified by the court is required unless a Judge determine the alcohol education program as unnecessary. If the case is dismissed, you do not have to continue with the alcohol education program.
E. My Duty to My Client
As your lawyer, I will make it mandatory for the State of Maryland to prove their case beyond a reasonable doubt which is the highest burden of proof in the court of law. However, not all cases can be defended. When adjudicating a case is silly, it is my duty to make the charges to a less serious charge if I can. You can contact the Soubra Law Firm at 301-219-5038 in order to get the representation you deserve when facing a DUI / DWI.
As your Frederick DUI / DWI Attorney with regards to your driver license, the Law Firm is here to serve Frederick, Montgomery, Washington, and Carroll Counties as well as the remaining Maryland area. The Firm would like to be your DUI/DWI Lawyer with regards to your driver license.