Maryland has state specific rules and guidelines for people arrested for Driving Under the Influence (DUI). If you have been arrested for a DUI in Rockville, MD, Montgomery County, Frederick County, Prince George’s County, or other areas of the Baltimore-Washington, D.C. area, contact attorney John C. Monahan today to help you navigate through these complicated and detailed areas of administrative and criminal/traffic laws. John C. Monahan, located in Rockville, Maryland, is experienced and knowledgeable about MVA Hearings and has regularly defended and assisted in the administrative process of these types of cases for over 30 years.
Following a DUI arrest in Maryland, you will be required to face two different court proceedings. It is mandatory to attend both a criminal hearing and an administrative hearing called a Motor Vehicle Administration Hearing (MVA). In Maryland, the MVA is an independent agency responsible for determining whether a driver will have their driver’s license reinstated or suspended following a DUI arrest.
Before facing either of these court proceedings, contact attorney John C. Monahan to ensure that you receive the best outcome possible for your case.
I’ve Been Arrested for a DUI, Now What Happens?
In Maryland, following a DUI arrest, your drivers license will be confiscated and you will be given a temporary Maryland drivers license. You will then be required to attend two different hearings. You will need to appear at a criminal hearing that will take place in front of a judge at a district court, who will determine whether you are guilty of a DUI and if convicted, will decide your sentencing which could include jail time and/or fines.
The second hearing you will have to attend is an MVA Hearing. The MVA Hearing is in front of an independent administrative judge, different than a court room judge, and takes place in the Office of Hearings and Appeals. This MVA Hearing judge will determine the status of your driver’s license. Your temporary drivers license will expire in 45 days. You have only 10 days to request an MVA Hearing, so it is imperative that you make arrangements for an MVA Hearing immediately to defend your right to continue to drive. If you do not file for an MVA Hearing within 10 days, your drivers license will be suspended. If you miss this time frame, you have missed your opportunity to negotiate your driving privileges. The MVA hearing will determine whether you will be allowed to continue to drive and whether your driver’s license will remain valid.
An MVA Hearing is complicated and cumbersome and is the reason you should contact attorney, John C. Monahan immediately. The penalties decided at the MVA Hearing are serious and because driving is important for people to maintain employment and meet everyday needs, could cause a major inconvenience or burden in your day to day life. The MVA hearing requires the knowledge and expertise of an experienced attorney to properly navigate through the complicated administrative process required when facing an MVA Hearing. If the MVA judge decides that you are indeed guilty of driving under the influence, which means you are guilty of driving with a blood alcohol level above a .08, you can expect a 45-day suspension of your license which might be modified for work purposes. For second time offenses, your driver’s license could be suspended for 90 days and may not be modified for work purposes.
In some cases of a DUI conviction, John C. Monahan can negotiate for the use of an Interlock Device in the car of the guilty party, so that he or she may still be able to drive. An Interlock is a small device that is wired to the car’s ignition system, and requires the driver to give a breath sample before starting the car. The Interlock takes a breath sample which determines whether the driver has or has not been drinking. In the event that the Interlock device detects alcohol, the device will not allow the car to start. In cases where driving is required for the accused to maintain their job and provide for their family, John C. Monahan may be able to negotiate for this type of privilege.
If you have been charged with a DUI in Rockville, MD, Montgomery County, Frederick County, Prince George’s County, or other areas of the Baltimore-Washington, D.C. area, contact John C. Monahan to help defend you at your criminal court appearance as well as your MVA Hearing. Monahan may be able to preserve your driving privileges for at least working purposes or could possibly find a reasonable defense when reviewing your case. In matters of a DUI arrest, remember, time is of the essence. Contact John C. Monahan at 301-251-1811 immediately as you have only 10 days to request your MVA Hearing or you will temporarily loose your right to drive.