When you are pulled over for driving under the influence, tested, and found to be intoxicated beyond the legal limit, you typically face an immediate suspension of your driver’s license. That means that going to work the next day could pose a risk if the police informed you that you are not allowed to drive at this point.
The good news is that you may be able to seek out a temporary license. If you are facing DUI charges in Maryland, we highly encourage you to immediately reach out to an attorney. There is too much on the line for you not to act quickly to protect your rights. We can help.
Here are some questions we often hear from our clients.
Can you drive if you are charged with DUI in Maryland?
You absolutely should not drive a vehicle if you have been charged with DUI in Maryland for at least 12 hours or longer after your arrest “A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.”
Whether or not you can drive after that 12 hours (or once released from jail/detention, if they hold you in there for a while) depends on what you do after that.
- If you are given the option to install an ignition interlock device (IID) on your vehicle and show proof of that to the court, then you may be allowed to continue to drive as long as you have not been ordered not to do so. The state of Maryland notes, “Instead of requesting a hearing or upon the suspension or revocation of your driver’s license, you may elect to participate in the Ignition Interlock System Program. An Ignition Interlock Election form is located on the reverse side of the driver’s copy of the Order of Suspension.”
- The second step you should take is to request an MVA hearing. This hearing will provide you with a request from the court to be provided with a temporary license. Most often, this license will remain in place for up to 45 days until additional decisions. I can help you with your MVA hearing and represent your best interests.
Will I lose my driver’s license right after a DUI?
In the state of Maryland, a police officer can pull you over if they have reason to believe you are intoxicated. If they do, and your blood alcohol concentration (BAC) is 0.08 or higher, they will charge you with DUI. The police officer will confiscate your driver’s license immediately. For a first offense, your license may be revoked for up to six months.
However, authorities may issue a temporary driver’s license that remains in place for 45 days. You should request this, stating that you need to be able to go to work or meet other obligations, and to do so, you need to have access to driving.
Will I lose my driver’s license after a DUI if I am a commercial driver?
Commercial drivers face enhanced risks if they are charged with a DUI. That includes losing their license and their commercial driving status. While temporary licenses may be available, they may also be restricted depending on the situation. That means that, if you drive for a living and have a DUI – whether it happened in your commercial truck or your own vehicle – you may not be able to continue working until it is resolved.
Transportation Section 16-807 of Maryland law notes:
(d) A commercial driver’s license may not be issued to an individual:
(1) While the individual is disqualified from driving a commercial motor vehicle;
(2) While the individual’s driver’s license is suspended, revoked, or canceled in this State or any other state
If charged with DUI, call an Annapolis criminal defense attorney immediately. At Drew Cochran, Attorney at Law, we help clients get a temporary license so they can keep going to school or work, while we fight to reduce any charges. Call me or complete my contact form to schedule a consultation today in Annapolis or Ellicott City.
And remember – Keep Calm, and Call Drew.
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