When a police officer stops you and suspects that you are driving under the influence of or are impaired by alcohol, drugs and/or other controlled dangerous substances, the police officer may request that you complete a field sobriety and/or a preliminary breathalyzer test. The outcome of the tests, plus other indicators, determines if the police officer will request additional tests.
If you refuse to take a test to determine blood alcohol or drug concentration, or take a test and fail it, the police officer will confiscate your driver’s license (Maryland drivers only), issue a paper temporary license and prepare a case for the Maryland MVA file. If you are a commercial vehicle operator, the MVA will suspend or disqualify your driving privilege.
The following documents may be given to you at the time of the incident:
- Officer’s Certification and Order of Suspension – The form provides information about the incident, the pending suspension and indicates whether or not you submitted to a test. If your driver’s license was confiscated, you may be authorized to use the document as a temporary license.
- Advice of Rights form – The form provides an explanation of the administrative sanctions related to your Maryland driving privilege. It also gives you information about how to request a hearing before the Maryland Office of Administrative Hearings (OAH). You must indicate on the form either your agreement or refusal to take the test. The police officer and you both sign and date the form.
What happens next?
If you do not request a hearing within 10 days of the traffic stop, on the 46th day after the “order of suspension” date specified on the Officer’s certification and Order of Suspension, your Maryland driving privilege (driver’s license) is suspended or disqualified. The suspension/disqualification periods are as follows:
|Submitted to the test and failed: Blood Alcohol Content 0.08 though 0.14|
|Submitted to the test and failed - Blood Alcohol Content 0.15 or more:|
|Refused to submit to the test:|
|Operating a commercial motor vehicle at the time:|
|Operating a commercial motor vehicle carrying hazardous materials at the time|
Note: In addition to the actions identified above, if your driving privilege was subject to an alcohol restriction at the time of the incident, your Maryland driver’s license may be suspended or revoked. The MVA will notify you of the proposed action. Credit for the suspensions will not be given until the MVA receives your current Maryland driver’s license, or a signed statement that the license is no longer in your possession.
May I request a hearing?
A hearing can be requested to show cause why your Maryland driver’s license or privilege should not be suspended, to prove that the case does not meet legal requirements, or to have the suspension modified. If a hearing is requested, it must be submitted to the Maryland Office of Administrative Hearings (OAH) and include a hearing fee. The OAH will notify you of the hearing date and location. If applicable, your attorney will also receive hearing information from OAH..
If a hearing is requested within 10 days of the "order of suspension" date and your Maryland Driver's License was surrendered, a hearing will be scheduled within 30 days after the receipt of the request, and your license will not be suspended before you appear for the scheduled hearing. If a hearing is requested between 11 to 30 days of the "order of suspension" date, a hearing will be scheduled within 45 days after the receipt of the request but the suspension still takes effect on the 46th day of the "order of suspension" date. A hearing request postmarked after the 30th day for the "order of suspension" date will be denied.
- There is a fee for filing a hearing request with the Maryland Office of Administrative Hearings (OAH).
- You may mail or hand-deliver your hearing request and filing fee to OAH at 11101 Gilroy Road, Hunt Valley, MD 21031.
- Your check or money order must be made payable to “Maryland State Treasurer” and include your name, address, driver's license number and home or work phone number.
Administrative Adjudication Division
6601 Ritchie Highway
Glen Burnie, MD 21062
For telephone questions:
MVA Customer Service Center: