MVA 10 Day Hearing Request Rule

When you are stopped for drunk driving in Maryland, the officer will ask you to take a chemical test for the presence of alcohol. Your response may subject you to the 10 day rule. This rule gives you 10 days from the date of your arrest to request a hearing. The purpose of the hearing is for you to challenge the MVA's right to suspend you.

The information below is to give you an idea of the types of consequences you face. However, choosing whether to request an MVA hearing involves complex legal issues and should not be made without consulting a lawyer. There are times when a motorist should follow the procedure for participating in the Ignition Interlock program and not request the MVA hearing.

The Ignition Interlock is a device which an approved installer puts into your vehicle. It requires you to blow into a tube and give a breath sample in order for your car to start. You may be entitled to install an Ignition Interlock instead of attending an MVA hearing. If you request the hearing by sending in the form, the Administrative Law Judge at the hearing can suspend your driving privileges completely and deny your request to participate in the Interlock Program.

The Interlock presents some convenience, embarrassment and financial issues. However, It is not always better to request the hearing. For example, if your breath test score at the police station was 0.15 or higher the Administrative Law Judge (ALJ) cannot give you any driving privileges other than the Ignition Interlock. This is a change from earlier law which allowed the ALJ to give you limited (restricted) privileges for certain purposes in order to avoid a hardship. Under earlier law the Judge might have suspended your driving privileges but still allowed you to drive for work or educational purposes. The ALJ can no longer give you limited (restricted) privileges if your score is 0.15 or more. The ALJ must suspend you for at least 90 days (first offense) or 180 days (repeat offense). The only option the ALJ has at the hearing is to let you participate in the Interlock Program and the ALJ is not required to grant you that privilege. Therefore, in some situations it may be better for you to select the Interlock Program instead of requesting a hearing.

Here is some basic information, just to give you an idea of what you face:

If you agree to take the test and score .08 or more you face a 45 day suspension. Repeat offenders face a 90 day suspension. This group of drivers may be eligible for restricted driving privileges during the suspension.

If you refuse to take the test you face a 120 day suspension for a first offense and one year for a repeat offense. In addition, a refusal puts you at risk for two additional consequences when you get to court: an additional fine of up to $500.00 and up to two additional months in jail.

These suspensions will automatically go into effect 46 days from your arrest date, unless you request a hearing within 10 days of your arrest or agree to participate in the Interlock Program (assuming you are eligible for the Interlock Program) in a timely fashion.

You request the hearing by completing a form that the officer is required to give you. The form is entitled "Officer's Certification and Order of Suspension." This is a two page document. Both pages look identical. However, the reverse sides of each of these pages are different. The reverse sides contain the forms you must complete to request the hearing and a description of the process for requesting the interlock. (You can view and print a blank copy of hearing request form, in Adobe Acrobat "pdf" format, by clicking on this link -- but don't send in this form without first consulting a lawyer.) In addition you must enclose a check for $125.00 when you request the hearing. The form tells you where to mail your request for a hearing and your check. If you fail to enclose the check, your request for a hearing will not be honored.

If it already has been 10 days since your arrest, you may still have the right to a hearing. Don't surrender your driving privileges due to lack of information.

This information begins to make you a true and equal partner in your defense. Now, let's get to work.