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Tag Archives for " License Suspension "

What is Noah’s Law?

Noah's Law, also known as The Drunk Driving Reduction Act of 2016, is named after Montgomery County Police Officer Noah Leotta, who was struck and killed by a drunk driver in December 2015.

What does Noah's Law do?

Noah's law changed the law in two big ways

  1. It significantly increases the suspension periods for breath test results above .08 and for breath test refusals; and
  2. requires the installation of an ignition interlock device (also known simply as an "interlock" or "blow and go") for drivers convicted of the following offenses:

What charges are effected by Noah's Law?

  • Driving Under the Influence of Alcohol (DUI)
  • Driving While Impaired by Alcohol (DWI) while transporting a minor under the age of 16
  • Homicide or life-threatening injury by motor vehicle while DUI or DWI

How long do I have to have the interlock?

  • 6 months for a first offense​
  • 1 year for a second offense
  • 3 years for a third or subsequent offense

Can I drive a non-interlock car?

​No. You are required to obtain a Maryland Driver's License with an "Interlock Restriction," which prohibits you from driving any vehicle without an interlock device.

You are, however, permitted to drive an interlock equipped vehicle at any time, and for any reason​.

Is this in addition to the suspension/interlock that I had to get because of my breath test result or refusal?

​Yes. This is a SECOND license restriction that is in addition to any suspension you served because of your breath test result, or because of a refusal.

​If you have been charged with DUI in Maryland, you have 10 days to protect your driver's license. Click on the red link below, or get the FREE guide "How to Choose a DUI Lawyer in Maryland".

The guide gives you the 10 questions that you must get answered before you hire a lawyer AND shows you 20 ways the average lawyer can lose a winnable case!

Will I lose my license or go to jail for my DUI?

Will I lose my license?

If your breath test result was under .15 and this is a first DUI then you will likely be able to keep your license for getting to and from work, driving for work purposes, school, alcohol education or treatment, and court.

If your breath test result was .15 or more or if you refused to take the breath test, the only way that you will be able to keep your license is if you have the ignition interlock installed on your car for a year.

If however, your attorney is able to successfully argue on your behalf at an MVA hearing, then you will keep your full license.

When you are arrested, you were given two copies of the "DR–15A officers certification and order of suspension" (or "Temporary License").

The "Driver's" copy of the Temporary License is your drivers license.

You were on so given a "Hearing Request Copy" of the Temporary License – it has a section on the back with instructions on how to request your hearing.

Although you have 30 days to request a hearing, in order to continue driving beyond the 46th day after the "Issue Date" on the Temporary License, you MUST request your hearing within 10 days.

The hearing request is considered incomplete and will not be accepted by the Office of Administrative Hearings without a check for $150.00 (payable to "Maryland State Treasurer"). Mail the request to "Office of Administrative Hearings, 11101 Gilroy Rd, Hunt Valley, MD 21031-1329."

Will I go to jail?

If this is your first DUI, then you will likely not go to jail, unless there are aggravating circumstances like an accident with personal injury (especially to another person) or an extremely high breath test.

Also for a first offense DUI, you will likely be offered was called Probation Before Judgment (commonly called a PBJ).

A PBJ keeps the conviction and any points from appearing on your public driving record. The law currently only allows a PBJ once every 10 years.

Unlike most other criminal or traffic charges, a PBJ for a DUI cannot be expunged from your record. If you do get another DUI sometime in the future, a charge may consider that as a prior DUI.

To learn more about DUI laws and the defense of DUI charges, check out the DUI section of the website. You can also download the FREE book "How to Choose a DUI Lawyer in Maryland." If you have been charged with a DUI, you can complete the DUI Case Evaluation and Scott will contact you to discuss your case.

I was arrested for DUI but I was asleep in my car, what will happen?

I was parked in front of a Royal Farms after I dropped off a few friends and I was very tried. I was in a very deep sleep when the officers opened my car door and said there was an odor of alcohol in my car. I ask them since they think I'm not able to drive let me take a test which they refused and they were very rude. I was booked and charged for DUI. Will something like this hold up in court because I'm very upset and have never had this happen before. I don't want to go to jail what will happen in a situation like this?

It is impossible for an attorney to predict what might happen in your case without a lot more information. It appears that you refused the breath test. If this is correct, then you are facing a 120 day suspension of your driver's license (or privilege to drive if you are not a Maryland-licensed driver).

It also appears that you might have some defenses in your case, but an attorney would need to act quickly to start his/her investigation (many Royal Farms have video cameras, and securing a copy of the video may only be possible for a short period of time).

Before you talk to ANY lawyer (including me), download my FREE book "How to Choose a DUI Lawyer in Maryland." If you want Scott to take a look at your case, complete the DUI Case Evaluation Form and Scott will contact you.

I hired Scott for my second DUI which I received in Howard County. He represented me in court and at my MVA hearing as well. Throughout the entire process I felt very comfortable with Scott, his expertise and appreciated his responsiveness. His services were affordable and worth every penny. I'm happy with the outcome and praying to God I never need to hire a lawyer again but if I do, 100% it will be Scott! Thanks for everything!

Karen H.
Howard County DUI           

Will a 120 day suspension for insufficient breath test hurt me in Court in Howard County?

You need to speak with an experienced DUI lawyer.

It is possible to find out down to the milliliter how much if s breath sample you provided.

This, along with other information that the lawyer can help you gather may be the difference.

MVA penalty for refusal is either 120 day straight suspension or interlock for a year.

You will not need to go back through the MVA testing process once the suspension is completed.

The MVA Hearing and court case are completely separate

Charged with DUI?

Get this FREE guide before you speak with ANY lawyer (Including Scott!):