Confronting a DUI arrest is nothing short of terrifying, especially when the presence of your child escalates the charges. How quickly will your driving privileges be impacted, and what options exist to maintain that vital connection to your children’s schooling? The answer often depends entirely on quick action and strategic legal defense against two separate battles.
Double threat to your license
When police arrest you for DUI in Maryland, two different government agencies begin action against your driver’s license at the same time.
The Maryland Motor Vehicle Administration (MVA) will begin an administrative process, and the criminal court system will initiate the criminal process.
The MVA action can take away your driving privilege long before the criminal court reaches a verdict in your case. The police officer who arrested you will likely have confiscated your physical license and issued you a temporary 45-day paper license.
Critical 10-day deadline
You will need to request an MVA administrative hearing within 10 days of your arrest if you want to extend your driving privileges past the 45th day until the hearing date.
If you miss this 10-day window, the MVA can automatically suspend your license on the 46th day. You need to request this hearing to challenge the immediate suspension and argue for a restricted license.
Fighting for restricted driving privileges
A restricted license, often called a hardship license, may allow driving for specific, essential needs. It often permits driving to and from the following locations:
- Your place of employment
- Your children’s school or daycare
- Court-ordered alcohol treatment or educational programs
- Medical appointments
The judge or Administrative Law Judge (ALJ) may grant a restricted license, but this requires you to show proof of your necessity, such as a school schedule or a letter from an employer.
In many DUI cases, especially those involving high blood alcohol content (BAC) or a refusal to take a breath test, you may need to agree to install an Ignition Interlock Device (IID) to receive any restricted driving privileges. The IID is a breathalyzer installed in your car; you must blow into it to start the engine.
Enhanced penalties with a child passenger
The presence of a minor child (typically under 16 or 18) in the vehicle significantly escalates your DUI case. This factor turns a standard DUI into an aggravated offense, which can result in up to two years in prison and a fine of up to $2,000 for a first offense.
These enhanced criminal penalties may further impact how the MVA views your request for restricted driving. The court may also impose conditions related to your children, including additional charges like child endangerment.
Legal representation can make a difference
When contending with DUI charges, securing professional help is vital. An experienced criminal defense attorney can develop a cohesive strategy for both the MVA hearing and the criminal case, helping you keep your life together while fighting the charges.