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 and 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, determine if the police officer will request additional tests.
If you refuse to take a test to determine your 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. If you wish to obtain an ID card instead and not drive, you may do so and your driver's license data will be removed from your MVA driving record. The MVA will not issue you an ID card if you are using a valid 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?
- You may elect to participate in the ignition interlock program for 1 year. The election to participate in the program and instructions can be found on the reverse side of your copy of the order of suspension. Additional information about the program can be found at the link above.
- You may request a hearing within 30 days of your stop, 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 your hearing information from the OAH. If a hearing is requested within 10 days of the order of suspension date and you surrendered your Maryland driver's license, your license will not be suspended before you appear for the scheduled hearing. Any hearing request that is postmarked after the 30th day from the order of suspension date will be denied. If you refused the test or your test resulted in a blood alcohol concentration (BAC) of 0.15 or higher, the only modification you are permitted must include your participation in the ignition interlock program for one year.
- If you do not participate in the ignition interlock program or request a hearing by 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|
Please note that 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.
- 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: