In our last post, we began speaking about alcohol testing and the ability of drunk drivers to refuse such testing. As far as whether it is ever wise to refuse testing, it is important to remember that the consequence for failing to submit is that one’s driver’s license will be confiscated.
The length of time one’s license here in Maryland is 120 days for a first refusal and one year for a second refusal. Regardless of whether a driver was intoxicated at the time of refusal or not, suspension will be applied. In cases where a driver does submit to an alcohol test and fails the test, license suspension can also occur. The length of time depends on how many prior offenses there are and the actual blood alcohol content.
It is important to remember, though, that those who’ve had their license suspended, whether because of a refusal or because of an alcohol test failure, have the ability to request a hearing before the Maryland Office of Administrative Hearings. In order to obtain a hearing, a request must be made within 10 days of the traffic stop.
Once a request has been filed, the haring is supposed to be scheduled within 30 days and the driver’s license is not supposed to be suspended prior to his or her appearance at the scheduled hearing. The court system is strict on applicable timelines for requesting a hearing, so it is important for those who would like to have a hearing to act right away to make sure they don’t miss their opportunity.
In our next post, we’ll say a bit about the hearing itself and how an experienced attorney can help provide advocacy through the process.