The Motor Vehicle Administration regulates the license to drive of Maryland residents.  While other States may give effect to the results of a driver’s arrest in Maryland, the MVA’s  power to suspend a standard license for a Maryland driver is clearly defined.

Under Maryland law, the police officer has the authority to confiscate the driver’s license of a suspected drunk driver based on the driver’s response to a request to submit to a breathalyzer test.  The police officer gives the driver a set of papers that include a temporary driver’s license and the form for requesting a hearing.  As discussed, failure to request a hearing will result in an automatic suspension.

If you request a hearing, the State will supply an administrative law judge to preside at the hearing.

Under  Maryland Code, Transportation Article § 16-205.1. (f)(7) (i)  “the only issues shall be:

  1. Whether the police officer who stops or detains a person had reasonable grounds to believe the person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, [or ] or a combination of one or more drugs and alcohol
  2. Whether there was evidence of the use by the person of alcohol [or] any drug
  3. Whether the police officer requested a [breathalyzer] test after the person was fully advised;
  4. Whether the person refused to take the test [or had] an alcohol concentration of .08 or more … at the time of testing.”

Under (7)(ii), to prove its case against you, the MVA need only produce the sworn statement of the police officer and of the test technician.

Under Section (f)(8) (v), if the judge rules against you, “the suspension imposed shall be:
1. [ ] for a test result [] of 0.08 [to .14]: A. For a first offense, a suspension for 180 days; or B. For a second or subsequent offense, a suspension for 180 days.
2. For a test result [ ] of 0.15 or more: A. For a first offense, a suspension of 180 days; or B. For a second or subsequent offense, a suspension of 270 days.
3. For a test refusal: A. For a first offense, a suspension for 270 days; or B. For a second or subsequent offense, a suspension for 2 years. ”