When you are arrested for a DUI in Maryland, you are fighting two separate battles. One is the criminal case in court, which most people know about. The other is an administrative case with the Motor Vehicle Administration (MVA). This second case is extremely time-sensitive and only deals with your driving privilege.
The criminal court case
This is the case most people associate with a drunk driving charge. The State of Maryland, through a prosecutor, must prove you are guilty “beyond a reasonable doubt.” This high burden of proof is the standard for all criminal charges.
The penalties here are severe and can include jail time, significant fines, probation and court-ordered alcohol treatment. This case determines your guilt or innocence under criminal law.
The administrative MVA hearing
This process is not about jail or fines. It is exclusively about your privilege to drive in Maryland. The MVA case is because of either refusing a chemical test or testing above the legal limit. The MVA’s burden of proof is “a preponderance of the evidence,” which is much lower than the criminal standard.
This hearing is also where police procedure is closely examined. The state may require an officer to attend and testify. This can include answering questions about:
- Whether the officer had a valid reason to stop your vehicle
- If the officer read you the correct forms (the DR-15 Advice of Rights)
- Whether the breath test was administered properly
It is important to note that you must request this hearing within a very short timeframe after your arrest, or you automatically face suspension.
One outcome does not control the other
A critical point that many people misunderstand is that the MVA hearing and the criminal trial are independent. You can win your MVA hearing and keep your license but still be found guilty in criminal court. Conversely, the courts could dismiss your criminal case, but you could still lose your license at the MVA hearing if you failed to act.
The MVA hearing is a critical opportunity, as it is often the first chance to cross-examine the arresting officer under oath. This testimony can be valuable for the criminal case. To take full advantage of this, you should have an experienced attorney handle the hearing. They can review the facts of your stop and use this administrative procedure to build a stronger defense for your criminal charges.