Maryland DUI Defense Attorney Representing Clients at the Administrative License Suspension Hearing
If you have been arrested for DUI, you not only have to worry about your criminal record, but your driver's license is at risk as well. You have 30 days to request a hearing where you can try to prevent your license from being suspended and petition for a hardship license.
If you request the hearing within 10 days of the DUI occurring, your hearing may be set within 45 days before your temporary license expires and the normal, automatic suspension begins. If you do not have a hearing, your license will automatically be suspended, which means if you are pulled over after this occurs you will be arrested for driving without a license.
At the Law Offices of Montella E. Smith, we aggressively defend people in Anne Arundel County, Howard County and Baltimore County, Maryland, charged with DUI in the criminal courts, as well as represent them at the administrative license suspension hearing. We understand the importance of both of these proceedings and the impact they can each have on your life. When you hire us to handle your case, you will work directly with attorney Smith on every aspect of your case. Contact our offices today to arrange a free initial consultation to discuss your situation.
Our Administrative License Suspension Hearing Representation
For most DUI offenders, the license suspension consequences related to DUI are varied, but all are serious and can affect your entire life. For instance:
- If you refuse to take a Breathalyzer after being pulled over, this can result in an automatic 120-day suspension for a first offense, a year second offense, and additional criminal penalties
- If your blood alcohol content (BAC) is over .08 but less than .15 for a first offense, the suspension period is 30 days; for a second offense 90 days
- If your BAC was .15 or higher the first offense suspension will be for 90 days and 180 days for a second offense
- If your BAC is .15 or higher, or you refuse, you must go on the ignition-interlock program
We will vigorously represent you at this administrative hearing. We will also seek to show cause that your license should not be suspended or that a restricted license should be issued to you. This will allow you to go to and from work, to travel as necessary to care for any minor children you have, as well as to any alcohol treatment or education program you are enrolled in that is necessary if you want your petition for a restricted license to be granted.
Also, if you complete an alcohol treatment or education course as a first offender, and you receive probation before judgment you will not have 12 points assessed to your driving record which would result in revocation of your driver's license.
The burden is on you to prove why your license should not be suspended and why a restricted license should be granted. Even if you refuse a Breathalyzer, we can still argue why you should be allowed to have a hardship license. We will thoroughly represent you at this hearing before the administrative law judge and we will prepare a strong case and argument. This may also include looking for errors in the paperwork submitted by the arresting officer. As a former police officer, attorney Smith can also evaluate if there were reasonable grounds to stop you and detain you for an alcohol test.
To set up a free initial consultation, contact us or call us at 410-964-2331. Our offices are located near Route 100, close to Interstate 95. We are open to meet with clients during normal business hours and are available evenings and weekends by special appointment. We accept all major credit cards.
We investigate...we evaluate...we litigate.
Montella E. Smith
Attorney at Law
8850 Columbia 100 Parkway
Suite 303
Columbia, MD 21045
Telephone: 410-964-2331 | Fax: 410-964-2359