Should I have taken the test or not taken the test?
By now, if you're asking this question, it's probably too late. However, Maryland law is pretty specific. If you don't take the test and you're a first offender, you are required to have an Ignition Interlock Device installed in your car for one year regardless if you would have blown over or above the limit which in Maryland is .07 - .08. When you take the test, you sign a number of forms. All those forms have to be reviewed for accuracy and to check if they are technically signed in the appropriate areas by yourself and the arresting officer. We can review your documents very quickly and tell you whether you were properly advised of your rights. But if you refuse the test, you still have a right to a hearing.
The purpose of that hearing would be to allow you to drive other vehicles for employment purposes and not have the Interlock Device installed on your work vehicle. The Maryland Legislature has recently changed the law so that a test result of .15 or greater means that you have two options. Assuming it's your first offense, you have a 90-day automatic suspension commencing on the 46th day after receiving your paper license. This form is known as the DR-15(a). In order to request a hearing, you have ten days to send in the hearing request form. At the hearing, the State is not required to produce any evidence other than those submitted by the officer at the time of the arrest. This consists of your driving record, the statement of probable cause which appears on your paper license, the advice of rights form and your hearing request form. Hearings for a person who elected to take the test and blew less than .15 can be very helpful.
If you blow less than .15 and it is your first offense, the Motor Vehicle Administration, in a separate hearing held at the MVA, can determine whether or not to grant you a to-and-from work permit. This permit would also allow you to drive not only to and from work, but to and from medical appointments, to and from alcohol treatment programs, and to and from parole and probation appointments if necessary. Many people on their first offense that blow less than .15 are granted these permits. They result in the Motor Vehicle Administration issuing you a new license on the spot which is good for 45 days. On the 45th day, you may turn in your restricted license and receive an unrestricted license back.
Anybody that blows greater than a .08 and less than a .15 should request a hearing. The request must be made within ten days and the address is on the hearing request form. Hearing requests made after ten days, but before 30 days, are discretionary and the MVA will grant you a hearing if they can afford the time to do so. After 30 days, you are automatically subject to the 45- or 90-day suspension depending on the test results. All Motor Vehicle Administration hearings are held at the Motor Vehicle office in the County in which you reside. For Ocean City residents, this means that you would have to go to the Wicomico County MVA since Worcester County and Somerset County do not have Motor Vehicle Administration offices.
If it is your second and subsequent offense and you blew higher than a .15 but did take the test, you would be entitled to obtain the Interlock system. The Interlock system must be obtained within 30 days of receiving your tickets. We have a full list of Interlock providers. Their costs and fees vary. For instance, some work on a sliding scale based on income, some are just flat fees. They are set individually by each provider. Ocean City, Maryland, has a local Interlock provider which is known as ADS, Alcohol Detection Service, and their name and number is (410) 213-7208. Draeger is located in Salisbury, Maryland, and their number is (800) 332-6858. They work on a sliding scale.
In the event that it is your second offense and you do not take the test, you are still entitled to have an Interlock installed. Although this is discretionary, much of it relates to your past record and needs to be reviewed on a case-by-case basis. We can help you determine whether or not requesting a hearing is the right option for you. Contact us and we will help you determine whether to request a hearing. Remember, you only have ten days!
Should I enroll in an alcohol class?
Many people ask whether or not they should enroll in an alcohol class prior to Court. I view it as an insurance policy and it looks good in the event that you request a hearing. However, alcohol classes vary. Private classes and publically offered classes are quite different. I will be happy to guide you to the appropriate class. In addition, most Judges in Worcester County and Wicomico County are requiring alcohol cases and people charged with alcohol offenses to attend the Mother's Against Drunk Driving class (MADD). This is a one-time, two-hour class. In order to get a referral to go to this class, it is usually ordered by a Judge. However, there are other ways to get this referral and I will be happy to explain that to you once you reach me.
In October of 2009, the Maryland Legislature made some significant changes in the DUI / DWI laws. They stiffened the penalties for individuals who were under the age of 21. They also changed the law as to what the Courts could do regarding granting Probation Before Judgment. We will be happy to explain these changes to you.
Contact Marc A. Zeve today at 410-208-4244 for all of your Ocean City, MD criminal law needs. Evening and weekends available all Summer, Fall and Winter. Call 443-497-2072.
