What Does an Order Of Suspension Mean In A DUI Case In Maryland

Driving when impaired by alcohol or drugs is a felony, and it is otherwise called driving under the influence (DUI). An Order of Suspension is an order that suspends your driver’s license. The police will issue under these circumstances:

You submitted to a breath or blood test, and your blood alcohol content (BAC) was 0.08 percent or higher.
You refused to submit to a breath or blood test after being asked to take one by the police.

When the officer issues an Order of Suspension, he confiscates your driver’s license and may issue you a 45-day temporary paper license.

Your Right to an Administrative Hearing If You Receive an Order of Suspension

You have the right to ask for an administrative hearing if you were issued an Order of Suspension to argue why your driver’s license should not be suspended. You have the right to request a hearing within 30 days of the Order’s publication date.

You can also avoid having your driver’s license suspended by enrolling in the Interlock Ignition Program within 30 days of the date of the Order of Suspension. Your driver’s license cannot be denied, canceled, suspended, or revoked while enrolled in this program.

Repercussions of a DUI Charge

Depending on the circumstances, someone accused of a DUI in Maryland may immediately experience consequences to their license. The Maryland Motor Vehicle Administration (“MVA”) may automatically suspend a person’s temporary driver’s license if they are arrested and charged with DUI, especially when their Breathalyzer result is higher than the permitted limit of 0.08% blood alcohol content.

Implications of a DUI conviction

Anyone found guilty of DUI will immediately receive 12 points on their license and may also face jail time, fines, and court fees. In Maryland, a person’s license will be suspended, and they won’t be able to drive if they have 12 points or more on their driving record.

Finally, while no one can guarantee safety, you can take as many precautions as possible. The District Court will ask the MVA to lift your suspension once you have met the requirements. Keep in mind that your driving record will still reflect the suspension.

What are the Best Defenses for a DUI case in Maryland?

A DUI conviction carries severe consequences such as license suspension, huge fines, and perhaps jail time in Maryland. A criminal defense attorney can start looking into the specifics of your case and create a solid legal defense in case of an arrest. Below are the best defenses if you face an arrest for DUI in Maryland.

The Breath Alcohol or Blood Alcohol Test was Inaccurate

Most police officers use a breathalyzer or blood test to assess the suspect’s level of intoxication after arrest. There is a danger that the instrument would break down or the lab technician misinterpret the results. The breathalyzer testing helps to determine the amount of alcohol in your blood. It counts the number of breath alcohol particles in your lungs. This test might not be accurate and can serve as a defense for you at trial.

The Police Officer Engaged in an Illegal Stop

Police officers are not allowed to stop any car they want, and they must have a solid and convincing reason to suspect that the driver is breaking Maryland’s traffic laws. The burden of proof rests with the prosecution to demonstrate that they legally obtained the evidence used against the offender. If the police officer in your case pulled you over without a valid reason to believe you were breaking a traffic rule or other law, all the evidence might be unnecessary.

There Was No Evidence That You Were Driving a Vehicle

The prosecution must demonstrate that the suspect had physical control over a vehicle. Without the evidence of driving, the prosecutor cannot secure a conviction for DUI. Suspects sometimes wait until they are sober before starting the engine while seated in the driver’s seat. Defense attorneys can use this evidence to claim that the defendant was not actually in physical control of the car and cannot be guilty of DUI.

You Were Not Given the Chance to Contact Your Defense Attorney

Every suspect in a DUI case has the right to a defense attorney during the trial, primarily due to the time frame involved. The court will suppress any evidence acquired if there is a violation of the suspect’s right to an attorney.

In conclusion, you must contact a qualified criminal defense attorney if arrested or detained in Maryland for DUI.