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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.

Scott Athen
 

Husband, father of 2 awesome daughters & DUI lawyer. I bleed orange in the summer, purple in the fall & camo during goose season!

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