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Montgomery County Drinking and Driving Arrests: DUI/DWI

Seven Things to be Aware of Within Ten Days of Your DUI/DWI in Montgomery County

1. If you want to avoid a suspension of your driver's license or driving privileges in Montgomery County, you must request a hearing with the Motor Vehicle Administration within ten days of the issue date of the officer's certification and Order of Suspension. Technically you have thirty days to request a hearing but in order to ensure that your license isn't suspended before the hearing it is best to make the request within ten days. There is a MVA hearings location in Gaithersburg, however, the Beltsville site may be the closest full service MVA for some Montgomery County residents. People living in Rockville, Silver Spring, Gaithersburg, Montgomery Village, Germantown, Olney, Barnesvile, Bethesda, Brooksville, Chevy Chase, Damascus, Friendship Heights, Garrett Park, Glen Echo, Kensington, Laytonsville, Poolesville, Somerset, and TaKoma Park need to choose which location fits their needs.

2. Requests for MVA hearings must be made within ten days of the arrest. A check for $125.00 must be included and mailed to the Office of Administrative Hearings at 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301. Again, Montgomery County residents living in Rockville, Silver Spring, Gaithersburg, Montgomery Village, Germantown, Olney, Barnesvile, Bethesda, Brooksville, Chevy Chase, Damascus, Friendship Heights, Garrett Park, Glen Echo, Kensington, Laytonsville, Poolesville, Somerset, and TaKoma Park , should request hearings in Beltsville or Gaithersburg.

3. Instead of requesting a hearing you may elect to participate in the Ignition Interlock System Program for one year. You must request to participate in the program within thirty days of the Order of Suspension. In order to be eligible for the program you must meet several conditions.

4. The State Trooper or Montgomery County Police Officer should have given you forms to keep after you were arrested. One of the forms must be returned to the MVA with a request for hearing. The other form is your temporary driver's license, keep this in your glove box. If you request a hearing to modify your suspension you will need to provide your temporary license to the Administrative Law Judge. If the ALJ chooses to issue a restrictive license, you will be given a new license that day which carries specific restrictions.

5. If you do not have a Maryland license but were arrested in Montgomery County for DUI or DWI, the State may also take action against your driving privileges.

6. Two proceedings occur as a result of a DUI or DWI in Montgomery County. First, you will receive a court date in the District Court of Montgomery County. Second, if requested, you will attend a MVA hearing. There are two District Courts in Montgomery County, one is located in Rockville and the other is located in Silver Spring.

7. There are three issues at your Beltsville or Gaithersburg MVA hearing, assuming you took the blood alcohol concentration (BAC) test. The issues are whether: (1) the State Trooper or Montgomery County Police officer had reasonable grounds to believe that the person had been driving while impaired or driving under the influence; (2) the test result was 0.08 or more; and (3) the person was advised by the State Trooper or Montgomery County Police Officer of the MVA sanctions that were going to be imposed. Most people who are charged with a DUI or DWI in Montgomery County request hearings to modify their suspension and obtain a restrictive license for work, school and/or doctors visits. A person seeking a restrictive license should bring documentation to the hearing that verifies his or her individual needs.

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