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One of the most common questions after a DUI arrest in Maryland is whether license suspension happens automatically. The answer is important because it affects your ability to drive—often starting within days of the arrest—regardless of whether you’ve been convicted in court. Many people are surprised to learn that losing your license can begin before your case is ever heard by a judge.
This article provides a clear explanation of how DUI-related license suspensions are triggered in Maryland. It is intended to clarify the process, not provide legal advice, and focuses specifically on the automatic nature of administrative actions taken by the Maryland Motor Vehicle Administration (MVA). Understanding when and how your license is suspended is key to managing what comes next in the DUI process.
Maryland has two separate systems that deal with license suspension in DUI cases: an administrative system managed by the MVA and a criminal system handled by the courts. These two systems can overlap but operate independently. That means a license suspension can occur automatically through the MVA, even if a court hasn’t yet ruled on your guilt or innocence.
This post breaks down the process step by step and explores how administrative and judicial license suspensions differ, what timelines are involved, and whether there are any ways to prevent—or delay—an automatic suspension from going into effect.
Let’s start by explaining the administrative process that typically initiates an automatic suspension in Maryland.
The Administrative Suspension Process in Maryland DUI Cases
In Maryland, the administrative suspension process begins almost immediately after a DUI arrest if you either fail a breathalyzer test or refuse to take one. This process is separate from your court case and is handled by the Maryland Motor Vehicle Administration (MVA).
Here’s what typically happens:
- If you fail a chemical test (with a BAC of 0.08% or higher), the arresting officer will confiscate your license and issue a temporary paper license that is valid for 45 days.
- If you refuse to take the test, the same process applies, but the suspension period will generally be longer.
- The officer then submits paperwork to the MVA to initiate an administrative license suspension.
The suspension becomes automatic unless you formally request a hearing with the Office of Administrative Hearings (OAH) within 10 days of the incident. If you don’t request a hearing in time, the suspension goes into effect once the temporary license expires.
Even if you do request a hearing, your license can still be suspended after the hearing, depending on the outcome. The administrative process is not concerned with guilt or innocence in the criminal sense—it’s focused solely on whether you drove with an illegal BAC or refused testing.
This is how DUI license suspensions can become automatic in Maryland, long before your day in court arrives.
When Automatic Suspension Is Triggered by a Failed BAC Test
A failed breath or blood alcohol test is one of the most common triggers for automatic license suspension in Maryland. If your BAC is 0.08% or higher, the MVA initiates the suspension process as part of the administrative penalty system.
Here’s what you can expect:
- BAC between 0.08% and 0.14%: Results in a 180-day suspension.
- BAC of 0.15% or higher: Also leads to a 180-day suspension, but with stricter penalties and possible ignition interlock requirements.
- If you are eligible, you may opt into the Ignition Interlock Program to continue driving during the suspension period.
The key takeaway is that the suspension happens based on test results alone. It is not dependent on a court conviction. The MVA uses its own standards to determine whether your license should be suspended, and this process starts almost immediately after the arrest.
You do have the right to request a hearing, but if that doesn’t happen in time—or if the hearing doesn’t go in your favor—the suspension will be enforced automatically once your temporary license expires.
This system emphasizes how critical the initial post-arrest period is for anyone facing DUI charges in Maryland.
Refusing a Chemical Test Also Triggers Automatic Suspension
Maryland has an “implied consent” law, which means that by operating a motor vehicle in the state, you automatically agree to submit to chemical testing if suspected of DUI. Refusing the test is your right—but it comes with immediate consequences.
Here’s what refusal means in terms of license suspension:
- First refusal: Results in a 270-day suspension.
- Second or subsequent refusal: Can lead to a 2-year suspension.
These penalties are administrative and take effect automatically unless a timely hearing request is submitted. Even then, the chance of avoiding suspension after a refusal is generally low, as the MVA hearing focuses strictly on whether the refusal occurred—not on whether you were impaired.
In many cases, individuals who refuse testing are eligible for the Ignition Interlock Program, but the required participation time is longer than for those who fail a BAC test.
Refusing the test may avoid giving the state evidence in court, but it virtually guarantees an automatic suspension through the administrative process.
Court-Imposed License Suspensions After Conviction
While the MVA handles administrative suspensions, Maryland courts also have the authority to impose license penalties as part of a criminal sentence after a DUI conviction. These court-imposed suspensions can add to—or run concurrently with—administrative penalties.
Here’s how this might play out:
- A person’s license is automatically suspended through the MVA after a failed BAC test.
- Several months later, if convicted in court, the judge may impose an additional suspension or require ignition interlock participation.
- The court may also extend the suspension period or restrict driving privileges further.
Unlike the administrative process, the court takes into account the full context of the incident, including BAC, driving behavior, prior history, and whether the offense resulted in injury or property damage.
Although court-ordered suspensions aren’t technically automatic, they are a common outcome of DUI convictions, especially for repeat offenders or aggravated cases.
Can You Prevent an Automatic DUI Suspension in Maryland?
There are only limited ways to prevent an automatic license suspension after a DUI arrest in Maryland, and most of them depend on acting quickly. Here are your main options:
- Request an Administrative Hearing: You must file this request within 10 days to delay the suspension. If you file within 30 days, you may still get a hearing, but your temporary license may expire before it happens.
- Enroll in the Ignition Interlock Program: In some cases, enrolling in this program may allow you to retain driving privileges even if the suspension is upheld.
- Challenge the Suspension at the Hearing: This requires providing a valid reason why the suspension shouldn’t be imposed (e.g., improper procedure, no probable cause for the stop).
It’s important to understand that these options don’t eliminate the risk of suspension—they only delay or provide alternatives to a full suspension. If deadlines are missed or eligibility requirements aren’t met, the MVA will enforce the suspension automatically.
Being proactive immediately after the arrest is the only way to delay or mitigate an automatic suspension in Maryland.
Administrative vs Judicial Suspensions: Key Differences
To understand when and how license suspension occurs in DUI cases, it helps to distinguish between administrative and judicial actions:
| Feature | Administrative Suspension | Judicial Suspension |
|---|---|---|
| Triggered by | Failed or refused BAC test | DUI conviction in court |
| Handled by | Maryland MVA | Criminal court |
| Timing | Begins within days of arrest | Imposed after court ruling |
| Automatic? | Yes, unless hearing is requested | No, but common after conviction |
| Appeal Process | Administrative hearing | Court appeal or sentencing hearing |
These differences explain how someone can lose their license before they’re even convicted of a DUI. Administrative suspensions are automatic unless steps are taken immediately, while judicial suspensions depend on the outcome of the court process.
Knowing how each process works is essential for understanding what to expect following a DUI charge in Maryland.
FAQ About Automatic License Suspension in Maryland DUI Cases
Is my license automatically suspended after a DUI arrest in Maryland?
Yes, if you fail or refuse a BAC test, your license is automatically suspended by the MVA unless you request a hearing.
How long do I have to request a hearing?
You must request a hearing within 10 days to prevent automatic suspension, or within 30 days if you accept the risk of suspension starting before the hearing.
Does a DUI conviction result in automatic suspension?
Not automatically, but it is a common outcome. Judges often impose license suspensions as part of sentencing.
What if I refuse the breathalyzer test?
Refusal results in an automatic 270-day suspension for a first offense, and longer for subsequent refusals.
Can I drive during the suspension?
You may be eligible for the Ignition Interlock Program, which allows limited driving during the suspension period.
Can administrative and court suspensions happen at the same time?
Yes, they can overlap or be added together depending on the timing and circumstances.
Is the suspension different for a second DUI offense?
Yes, repeat offenses often come with longer suspension periods and mandatory ignition interlock participation.
Conclusion
In Maryland, license suspension after a DUI is often automatic and begins within days of arrest. The process is handled administratively by the MVA and occurs regardless of whether you’re later convicted in court. If you fail or refuse a BAC test, your license will be suspended unless you take quick steps—such as requesting a hearing or enrolling in the Ignition Interlock Program. Judicial suspensions may follow after a court ruling, adding further penalties.
To understand how these penalties fit into the bigger picture, read more about DUI penalties and consequences in Maryland. For details on license restrictions, suspensions, and interlock requirements, visit the license suspension and driving restrictions after a DUI page.