Published on 7/7/2025, 11:15:00 AM
Maryland DUI Administrative Hearings: What Drivers Need to Know
Maryland drivers arrested for DUI face not only criminal penalties but also administrative consequences through the Motor Vehicle Administration (MVA). These proceedings are separate from court and can impact your driving privileges quickly. This post breaks down the two main types of DUI-related administrative hearings: those triggered by test refusal or failure, and those triggered by a conviction under section 21-902.
MVA Hearings After a Breath or Blood Test Refusal or Failure
If you're pulled over and either:
- Refuse to take a breath or blood test, or
- Fail the test (by registering a BAC of 0.08 or higher),
the officer will confiscate your license and issue a temporary paper license valid for 45 days. During this time, you have the right to request a hearing before the Office of Administrative Hearings (OAH).
Key Deadlines
- 10 days: Request a hearing within 10 days to ensure your license is not suspended before the hearing.
- 30 days: You have up to 30 days to request a hearing, but suspension may take effect if you miss the 10-day window.
What Happens at the Hearing
At the hearing, an administrative law judge (ALJ) will review:
- Whether there were reasonable grounds to request a test
- Whether you were properly advised of your rights
- Whether you refused or failed the test
Potential outcomes include:
- License suspension (up to 270 days for a first refusal)
- Installation of an ignition interlock device
- Eligibility for a restricted license
Learn more about Maryland DUI laws.
MVA Hearings After a Conviction for a 21-902 Offense
Separately, if you are convicted of a DUI or DWI offense under section 21-902, the MVA may initiate a second type of administrative hearing to assess whether to take further action against your driving privilege.
These hearings often occur after the court process, especially when:
- It's a second or subsequent DUI offense (where you were more likely convicted)
- Your BAC was especially high
- You are under 21
Possible MVA Sanctions After Conviction
- Additional license suspension periods
- Requirement to enroll in the ignition interlock program
- Mandatory alcohol education or treatment
These consequences are in addition to any criminal penalties imposed by the court.
For those facing a second offense, see our page on repeat DUI charges.
Why These Hearings Matter
Many drivers mistakenly focus only on the criminal case and ignore the MVA process until it's too late. Administrative sanctions can severely restrict your ability to drive, even if you're not convicted in court.
Working with an experienced DUI lawyer early in the process helps protect your license and improve your chances at both hearings.
Related Resources
FAQs
Q: Can I get a restricted license if I refuse the test?
A: Typically no, you may be limited to opting into the ignition interlock program. Each case is different and a "refusal" can be challenged.
Q: Is the MVA hearing automatically scheduled?
A: No. You must request it within 10 or 30 days to preserve your right to contest the suspension.
Q: Can I win both the MVA hearing and the criminal case?
A: Yes. They are separate proceedings, and success in one doesn't guarantee the outcome of the other.
Q: Do I need a lawyer at my MVA hearing?
A: It's highly recommended. The rules of evidence are relaxed, but having representation improves your chances.
