What Happens at a Maryland MVA Hearing After a DUI Arrest?

 Posted on June 27, 2025 in DUI Defense

If you are facing DUI charges in Maryland, you will not only face criminal charges, but you may also be subject to a separate administrative process through the Maryland Motor Vehicle Administration (MVA). An MVA hearing can have a major impact on your driving privileges, including a possible driver’s license suspension.

Many drivers are unaware that the MVA hearing is a completely separate issue from the DUI criminal case or that the MVA hearing moves very quickly following DUI charges. It is essential that you understand what will happen at your MVA hearing, including how to prepare and what is at stake. When you have an experienced Towson, MD DUI lawyer advocating on your behalf, both your criminal case and your MVA case are likely to have better outcomes.

The Difference Between an MVA Hearing and Criminal Court for DUI

There is no requirement to request an MVA hearing. If you fail to do so, you will likely lose your driving privileges before your DUI criminal case even makes it to trial. The loss of driving privileges in our mobile society can have significant adverse effects.   

Following a DUI arrest – especially if you refuse or fail a breathalyzer test – the police officer will confiscate your driver’s license and issue a temporary license that is valid for 45 days. You have only 10 days from the time of your DUI arrest to request an MVA hearing that will contest the automatic suspension. If you do not request a hearing or fail to request it in the allotted time, your license will be suspended at the 45-day mark.

Even if your MVA hearing is successful, you can still be convicted in criminal court and vice versa. The MVA hearing allows you to see at least some of the evidence that will be used in your criminal DUI trial, including breathalyzer test results, the police report, and the testimony of the arresting officer.

How to Request an MVA Hearing

You must submit a hearing request form along with the filing fee of $150. The hearing request form and filing fee must be mailed to the Office of Administrative Hearings within 10 days of the date of your DUI arrest. The timing is essential; if you miss your window of opportunity, your license will be suspended.

What You Can Expect at an MVA Hearing

Your MVA hearing will be overseen by an Administrative Law Judge (ALJ) who will review all the evidence against you. The ALJ will also make sure the police officer had reasonable grounds to stop you, whether all procedures were properly followed, and whether you were informed of your constitutional rights.

 Every detail is important in an MVA hearing. The hearing will likely last anywhere from 30 minutes to over an hour, and it is essential that you are well-prepared for the hearing. When the hearing is complete, the judge can uphold your license suspension, modify the suspension, or cancel the suspension.

Why Legal Representation Matters at an MVA Hearing

Having legal representation at your MVA hearing can significantly improve your chances of keeping your driver’s license, which, in turn, can have a positive effect on your DUI criminal trial. Your attorney can do the following at your MVA hearing:

• Challenge the validity of the initial DUI stop, field sobriety tests, and breathalyzer tests.
• Present mitigating factors that can, at a minimum, help you secure a restricted license to drive to work, school, or medical appointments.
• Dispute any errors in your overall MVA record, including point accumulation.

Contact a Baltimore County, MD MVA Hearing Attorney

If you are facing DUI charges, the outcome of the criminal charges is, of course, extremely important. In the face of this urgency, the MVA hearing is often overlooked, even though its outcome can significantly impact the criminal charges. Having a Towson, MD MVA hearing lawyer from Kirk Seaman, LLC can be extremely beneficial.

Attorney Seaman is trustworthy, well-respected, and aggressive, and his good relationships with judges and prosecutors benefit his clients. Attorney Seaman is available 24/7. Call 410-837-6077 to schedule your free consultation.