If you've recently faced a DUI arrest in Maryland, you're probably dealing with court dates, license suspension worries, and a growing list of questions. One of the most pressing may be: Do I have to attend a Motor Vehicle Administration (MVA) hearing?
The short answer? You don’t have to request an MVA hearing—but skipping it could cost you your driver’s license before your DUI case even goes to trial. Understanding the role of the MVA hearing, how it differs from your criminal court case, and what’s at stake can help you make informed decisions about your next steps.
Let’s break it all down.
What Is an MVA Hearing?
An MVA hearing is an administrative proceeding held by the Maryland Office of Administrative Hearings (OAH), not a criminal court. Its purpose is to determine whether your driver’s license should be suspended following a DUI arrest in Maryland—not whether you're guilty of a crime.
Why It Happens
When you’re arrested for DUI, especially if you fail or refuse a breathalyzer test, the officer typically confiscates your license and issues a temporary one valid for 45 days. You have only 10 days to request an MVA hearing to contest the automatic suspension.
Failing to request a hearing in time often results in an automatic suspension. Many drivers don't realize they even have the right to a hearing, which is why having legal representation early can make a major difference.
MVA Hearing vs. Criminal DUI Trial
These are two separate proceedings, but both are serious. Failing to address one can lead to harsh consequences—even if you succeed in the other.
- MVA Hearing: Handled by the Office of Administrative Hearings; focuses on your driving privileges
- DUI Criminal Case: Handled by the courts; determines guilt and penalties like fines or jail
You can win your MVA hearing and still be convicted in criminal court, or vice versa. Each proceeding must be treated with equal seriousness to protect your future.
Why You Should Attend an MVA Hearing After a DUI Arrest in Maryland
1. Protect Your License
You can challenge the automatic suspension of your license. Depending on the circumstances, you might:
- Avoid suspension
- Qualify for a restricted license
- Reduce the suspension period
If you rely on driving for your job or to care for family members, protecting your license should be a top priority.
2. Present Evidence Early
You or your attorney can start challenging the legality of the stop, arrest, or test results. This can give you leverage before your criminal case even starts.
3. Learn What You’re Up Against
The hearing allows you to see some of the evidence that could be used in your criminal case. This may include the police report, test results, or even the testimony of the arresting officer.
What Triggers a MVA Hearing After a DUI Arrest in Maryland?
You may face license suspension and have the option for a hearing if:
- You refused a breath, blood, or urine test
- Your BAC was 0.08% or higher
- You’re a commercial driver with a BAC of 0.04% or more
- You’re under 21 with a BAC of 0.02% or higher
Keep in mind, these thresholds are strict, and enforcement can be swift. It’s crucial to be proactive the moment you receive your temporary license.
Similar Post: DUI or DWI? Understanding the Differences in Maryland and Why It Matters
Additional Triggers
A history of DUI offenses or a high BAC can also escalate penalties. For repeat offenders, the penalties at both the MVA and court level can be more severe and long-lasting.
What Happens at the Hearing?
An Administrative Law Judge (ALJ) oversees the hearing. This is not a criminal trial, but it’s still serious.
The judge will review whether:
- The officer had reasonable grounds to stop you
- You were informed of your rights
- The test was refused or failed
- Procedures were followed correctly
Your Lawyer Can:
- Challenge the reliability of the test
- Provide mitigating evidence
The judge is bound by administrative law and specific regulations, so every detail matters. At the end, the judge can uphold, modify, or cancel your license suspension.
Hearings can last anywhere from 30 minutes to over an hour. Preparation is key to making your arguments persuasive.
How to Request an MVA Hearing After a DUI Arrest
You must act quickly after a DUI arrest in Maryland:
Within 10 Days:
- Submit the hearing request form; this is included with the “Order of Suspension” document you receive when your license is suspended
- Pay the $150 filing fee
- Mail the form and payment to the Office of Administrative Hearings
If You Wait:
- You have up to 30 days total
- But waiting more than 10 days usually results in automatic suspension on day 46
Consequences of Missing Your MVA Hearing in Maryland
If you miss your scheduled Motor Vehicle Administration (MVA) hearing in Maryland, the MVA will automatically impose the violation, which may include suspending your driver's license.
Steps to Take If You Missed Your Hearing
If you missed your hearing due to a valid reason, you can submit a written request to reschedule. This request must be sent to the MVA's Administrative Adjudication Division (AAD) and should include a detailed explanation of why you missed the initial hearing. If the AAD grants your request, you will be notified of the new hearing date, time, and location. If denied, you will receive a written notification.
Impact on License Suspension
It's important to note that if your license is suspended due to missing the hearing, the suspension period will begin once the MVA is in possession of either your driver's license or a certified statement explaining its absence.
Options for Restricted Licenses and Interlock
You may still be able to drive under certain conditions:
- Restricted license: For work, school, or medical appointments
- Ignition Interlock Program (IIP): Allows continued driving with a breathalyzer device installed
IIP May Be Required If:
- You refused testing
- BAC was 0.15% or more
- You have a prior DUI arrest in Maryland
In some cases, voluntarily enrolling in the interlock program early can make a favorable impression on both the administrative judge and the criminal court judge.
The program typically requires you to blow into a device to prove you're sober before the car will start. Compliance is monitored, and violations can extend the duration of the program.
Similar Post: Top 5 Mistakes People Make After a DUI Arrest—and How to Avoid Them
Do You Need a DUI Defense Lawyer?
It’s not legally required, but strongly advised. A DUI defense attorney can:
- Review the evidence
- Argue to keep your license
- Use the hearing to prepare your criminal defense
They can also explore legal technicalities—such as improperly calibrated breathalyzers or incomplete advisement of rights—that could make a big difference in the outcome.
Many defendants don't realize the MVA hearing is a chance to negotiate terms, such as limited driving privileges or shorter suspensions. An experienced DUI defense attorney in Maryland knows how to position your case for the best possible outcome.
Don’t Let a DUI Arrest in Maryland Derail Your Life — Contact Maronick Law
A DUI arrest in Maryland can be overwhelming. Missing your MVA hearing could cost you your license and make your defense harder. But you don’t have to face it alone.
At Maronick Law, our attorneys understand what’s at stake. We guide clients through both MVA hearings and criminal court, working to protect your license, your freedom, and your future.
We can represent you at the MVA hearing, challenge your license suspension, and begin preparing a strong defense for your criminal DUI case. We also help clients navigate restricted licenses and ignition interlock program options, so they can keep driving when their job or family depends on it.
If you’ve been arrested for DUI, don’t wait. Call Maronick Law today at 443-351-6657 or fill out our online contact form for a free consultation and experienced legal guidance tailored to your case. We represent clients in Ocean City, Jessup, Catonsville, Baltimore City, and throughout Maryland.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.