Have A Question? Search This Site:
Understanding the Role of DMV Hearings After a DUI Arrest in Maryland
After a DUI arrest in Maryland, many drivers assume the courtroom is the only place where their case will be decided. In reality, a separate and equally important process begins with the Maryland Motor Vehicle Administration (MVA). This process involves a DMV hearing, which can lead to administrative penalties such as license suspension—regardless of what happens in court.
DMV hearings are not criminal proceedings. Instead, they focus solely on your driving privileges. These hearings are handled by the Maryland Office of Administrative Hearings (OAH) and are triggered when certain conditions occur during a DUI arrest, such as refusing a chemical test or registering a BAC of 0.08% or higher.
This post explains how DMV hearings work after a DUI arrest in Maryland, how they differ from criminal court cases, and what outcomes they can produce. For many drivers, this process is one of the first steps in dealing with the consequences of a DUI.
When a DMV Hearing Is Triggered
A DMV hearing in Maryland is triggered by specific circumstances during or after a DUI arrest. The most common triggers include:
- Refusing to submit to a breath, blood, or urine test
- Submitting to a test and receiving a BAC result of 0.08% or higher
When either of these occurs, the arresting officer will confiscate your driver’s license and issue a temporary paper license, valid for 45 days. At the same time, you’ll receive an Order of Suspension and instructions on how to request a hearing.
You have only 10 days from the date of arrest to request a hearing if you want to delay the suspension from taking effect. If you miss this window, your license will automatically be suspended when the temporary license expires.
The DMV hearing process is completely separate from the criminal court system and moves forward regardless of the status of your court case.
Requesting and Preparing for the Hearing
To schedule a DMV hearing, you must submit a written request to the Office of Administrative Hearings (OAH) along with a $150 filing fee. This request must be postmarked or received within 10 days of your arrest to ensure your driving privileges are not suspended before the hearing occurs.
Once your request is received, the OAH will:
- Schedule your hearing (typically within 4 to 6 weeks)
- Send you a notice with the hearing date, time, and location
- Inform you of the issues that will be considered
Preparing for the hearing involves gathering evidence and documentation. Common materials include:
- The Officer’s Certification and Order of Suspension
- BAC test results or refusal notice
- Any medical conditions or procedural issues you believe are relevant
- Testimony or affidavits, if applicable
While you are not required to have legal representation, many drivers choose to have an attorney assist with presenting evidence and challenging the basis for suspension.
What Happens During the DMV Hearing
DMV hearings in Maryland are conducted by an Administrative Law Judge (ALJ) from the Office of Administrative Hearings. The hearing is less formal than a courtroom trial but still follows legal procedures.
At the hearing, the judge will consider evidence related to:
- Whether the arresting officer had reasonable grounds to stop and detain you
- Whether you refused the chemical test (if applicable)
- Whether the BAC test results were valid and properly administered
- Whether the officer advised you of your rights and the consequences
You (or your attorney) may present your side of the story, question the legality of the stop, or raise issues with the testing procedures. The officer may not be present at the hearing unless subpoenaed, as much of the evidence is submitted in writing.
At the end of the hearing, the ALJ will either:
- Uphold the suspension
- Modify the suspension (e.g., allow a restricted license)
- Dismiss the suspension if evidence is lacking or flawed
The judge’s decision is usually mailed within 7 to 10 days after the hearing concludes.
Possible Outcomes of the Hearing
There are several possible outcomes of a Maryland DMV hearing after a DUI arrest:
- Suspension Upheld – Your license will be suspended according to the chart below:
- BAC ≥ 0.08%: 180 days (1st offense), 270 days (2nd offense)
- Test refusal: 270 days (1st refusal), 2 years (2nd refusal)
- Restricted License Granted – You may be allowed to drive to work, school, or medical appointments during the suspension period.
- Ignition Interlock Program Enrollment – You may be permitted to continue driving if you enroll in Maryland’s Ignition Interlock Program, which requires a breathalyzer device in your vehicle.
- Suspension Dismissed – If procedural errors are found, or if the evidence doesn’t meet standards, the judge may cancel the suspension.
Keep in mind, even if your license is reinstated through the DMV hearing, you can still face criminal penalties through the court process. The two tracks operate independently.
Impact of DMV Hearing on Criminal Case
The DMV hearing does not affect the outcome of your criminal DUI case in Maryland. These are administrative proceedings, and the judge in the hearing has no authority over criminal charges or court sentencing.
That said, some of the same evidence—like BAC results or the officer’s report—may be used in both settings. In rare cases, issues raised during the DMV hearing (such as improper procedure or conflicting evidence) could influence how the criminal case is handled.
However, having your license suspension dismissed at a DMV hearing does not mean your DUI charges are dropped. Likewise, a not-guilty verdict in court does not automatically restore your license if the suspension has already taken effect.
Each process must be addressed separately and followed according to its own rules and timelines.
Long-Term Effects of the DMV Hearing
The outcome of your DMV hearing can affect more than just your immediate ability to drive. Even if the suspension is lifted, the record of the arrest and hearing may be noted in your driving history, which can:
- Increase your insurance rates
- Influence future MVA decisions
- Affect eligibility for PBJ or other court programs
If you accept a suspension or are required to complete the Ignition Interlock Program, you’ll need to:
- Pay reinstatement fees
- Comply with monitoring and reporting
- Possibly complete driver improvement or alcohol education programs
Maryland tracks DUI-related administrative actions for future reference. If you are arrested again, your previous DMV hearing outcomes may be taken into account when determining penalties.
FAQ: DMV Hearings After a DUI in Maryland
Is a DMV hearing the same as going to court?
No. DMV hearings are administrative and focus only on your license. Court proceedings deal with criminal charges.
Do I have to attend the DMV hearing?
Only if you request one. If you don’t request a hearing within 10 days, your suspension begins automatically.
What happens if I win the DMV hearing?
Your license may not be suspended. However, this does not affect your criminal case.
Can I get a restricted license instead of a full suspension?
Possibly. The ALJ may grant a restricted license or require you to enroll in the Ignition Interlock Program.
How long does the DMV hearing process take?
Hearings are typically scheduled within 4–6 weeks of your request. A decision follows within 1–2 weeks.
Will the arrest still be on my record if I win the hearing?
Yes. The hearing only affects your driving status—not your arrest or criminal record.
Can I appeal the DMV hearing outcome?
Yes. You can appeal the decision to the Circuit Court within a specific time frame if you disagree with the ruling.
Conclusion
DMV hearings in Maryland play a crucial role in determining whether your driver’s license will be suspended after a DUI arrest. These administrative hearings operate separately from the court system and are triggered by breath test results or test refusal. Understanding the process and acting quickly—especially by requesting a hearing within 10 days—is key to protecting your driving privileges.
To learn more about how the DUI timeline unfolds, visit DUI Process and Timeline. For a full breakdown of license actions and hearing outcomes after a DUI, check out DMV Hearings and License Actions After a DUI Arrest.