Frank Benvenuto   -    Criminal Defense Attorney

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Defense Law

Maryland MVA Advice of Rights

Suspension of Your Maryland Driver’s License or Driving Privilege

If you refuse to submit to the alcohol breath test, or if you submit to the test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your Maryland driver’s license shall be confiscated, you will be issued an Order of Suspension and, if eligible, a temporary license valid for 45 days. The following periods of suspension shall be imposed against your license or privilege to drive in Maryland:

  • If you refuse to submit to a test, your suspension shall be 270 days for a 1st offense and 2 years for a 2nd or subsequent offense.
  • If your test result is an alcohol concentration of at least 0.08 but less than 0.15, your suspension shall be 180 days.
  • If the offense involves a motor vehicle accident that resulted in the death of another person, your suspension shall be 6 months for a 1st offense and 1 year for a 2nd or subsequent offense.
  • If your test result is an alcohol concentration of 0.08 but less than 0.15, your suspension may be modified or a restricted license may be issued at a hearing.
  • If your test result is an alcohol concentration of 0.15 or more, your suspension shall be 180 days for a 1st offense and 270 days for a 2nd or subsequent offense.
  • If the offense involves a motor vehicle accident that resulted in the death of another person, your suspension shall be 1 year for a 1st offense and for a 2nd or subsequent offense your license shall be revoked.
  • If you refuse a test, or take a test with a result of 0.15 or more, you shall be ineligible for modification of your suspension or the issuance of a restricted license, unless you participate in the Ignition Interlock System Program under Maryland Transportation Article §16-404.1.
  • If you hold a commercial driver’s license (CDL) and were driving a non-commercial motor vehicle when you were stopped, and you refuse to submit to a test, your CDL or privilege shall be disqualified for 1 year for a 1st offense or for life if your CDL or privilege has been previously disqualified for at least 1 year under Maryland Transportation Article §16-812 (a) or (b), a federal law, or any other state’s law.

  • If you were operating a commercial motor vehicle and your test result indicates an alcohol concentration of 0.04 or more, or if you refuse to submit to a test, your commercial driver’s license or privilege shall be disqualified for a period of 1 year for a 1st offense, 3 years for a 1st offense committed while transporting hazardous materials required to be placarded, and disqualified for life if your commercial driver’s license has been previously disqualified for at least 1 year and/or you have incurred 2 offenses of Maryland Transportation Article §16-812 (a) or (b), a federal law, or any substantially similar offense(s) under any other state’s law.

  • If you are convicted of a drunk or drugged driving offense under Maryland Transportation Article §21-902, and the judge or jury finds beyond a reasonable doubt that you knowingly refused to take a test of breath arising out of the same circumstances, an additional criminal penalty of not more than $500 or imprisonment for not more than 2 months, or both, may be imposed under Maryland Transportation Article §27-101 (x).

  • If you are convicted of a drunk or drugged driving offense under Maryland Transportation Article §21-902 (b) or (c), and the judge or jury finds beyond a reasonable doubt that you knowingly refused to take a test of breath arising out of the same circumstances, the Court shall require you, under Maryland Transportation Article §27-107.1, to participate in the Ignition Interlock System Program for 1 year pursuant to Maryland Transportation Article §16-404.1.

You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to ensure that your privilege to drive is not suspended prior to your hearing. Your request for a hearing must be made in writing. You may use the “Hearing Request” form if available. Send your request to the Office of Administrative Hearings at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301. You must include a check or money order for $150.00, which is the required filing fee, made payable to the “Maryland State Treasurer.” Your request for a hearing will be invalid if submitted without the required $150.00 filing fee or applicable fee waiver.

Your driver’s license or privilege will be suspended on the 46th day after the Order of Suspension if you do not request a hearing within 10 days of the date of the Order of Suspension or, if eligible, you do not elect within 30 days of the Order of Suspension to participate in the Ignition Interlock System Program. In order to receive credit for the suspension, you must surrender your driver’s license or certify that you no longer have the license in your possession. If you submit a valid hearing request, a suspension will not be imposed unless a decision is rendered against you, or if you fail to appear for the hearing

Instead of requesting a hearing or upon the suspension or revocation of your driver’s license, you may elect to participate in the Ignition Interlock System Program if the following conditions are met: 1) your driver’s license is not currently suspended, revoked, canceled, or refused; and 2) within 30 days of the date of this Order of Suspension you a) elect in writing to participate in the Ignition Interlock System Program for 1 year if your test resulted in an alcohol concentration of 0.15 or more or you refused the test or 6 months if your test resulted in an alcohol concentration of at least 0.08 but less than 0.15; and b) surrender a valid Maryland driver’s license or sign a statement certifying that the license is no longer in your possession. An Ignition Interlock Election form is located on the reverse side of the driver’s copy of the Order of Suspension.

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  • Frank Benvenuto, P.A. Attorney at Law
  • 10031 Old Ocean City Boulevard
  • Suite 108
  • Berlin, MD 21811
  • Phone: 410-641-2999
  • After Hours Emergency: 443-783-2451
  • Fax: 410-641-0853

Serving Maryland's Lower Shore

Berlin Office
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  • Atlantic Business Center
  • 10031 Old Ocean City Boulevard
  • Suite 108
  • Berlin, MD 21811
  • Phone: 410-641-2999
Salisbury Office
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  • 109 Camden Street
  • Salisbury, MD 21804/li>
  • Phone: 443-783-2451
Ocean City Office
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  • 12930 Center Drive
  • West Ocean City, MD 21842
  • Phone: 443-783-2451

Frank Benvenuto, P.A. Attorney at Law in Ocean City, Maryland, defends individual rights in Salisbury, Snow Hill and West Ocean City as well as other cities within Worcester County, Wicomico County, Somerset County, Dorchester County and Talbot County and other Eastern Shore communities.
Well versed in helping absentee clients in Pennsylvania, New Jersey, New York, Virginia and other areas.

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