Maryland follows an “implied consent” law when it comes to driving under the influence (DUI). This means that, just by driving within the state, a person automatically agrees to chemical testing if an officer suspects that they are drunk while driving. While one can still refuse this test, they will still face an administrative license suspension separate from any potential DUI charges.
However, what many don’t realize is that you have the right to challenge this suspension, especially if you believe the officer made mistakes or didn’t follow proper procedures during your stop or arrest.
What are the potential grounds for challenging your suspension?
A person may contest the suspension of their license with the Motor Vehicle Administration (MVA) if:
- The officer did not have a solid reason to pull them over, such as seeing them break a traffic rule or drive erratically
- There were problems with how the officer offered or explained the test, such as not clearly informing you of the consequences of refusing the test, or if you had trouble understanding the instructions due to a language barrier
- The officer skipped certain steps or did not follow proper protocol during the DUI stop and arrest, such as improperly administering field sobriety tests or failing to observe you for the required period before conducting a breath test
- The driver has medical issues that make them seem drunk when they’re not, such as balance disorders or speech impediments
- There are doubts about the officer’s judgment of the driver’s drunkenness, which can involve questioning their training, experience or even external factors like poor lighting or severe weather conditions
Take note that these are just possible reasons you can use to challenge your suspension. If you believe that the officer violated your rights or unfairly suspended your license, then you may need to seek professional legal counsel.
To request a hearing, you must submit a written request to the MVA within 10 days of receiving your suspension notice. If you request a hearing in time, your suspension won’t take effect until after the hearing. At the hearing, an administrative judge will review the evidence and decide whether to sustain, change or cancel the suspension.
A license suspension can impact your daily life
If you believe there were mistakes or violations during your stop or arrest, don’t wait to act. Discuss your situation and explore your options with an attorney.