What Happens at the DMV Administrative Hearing After a Maryland DUI/DWI Charge?

What Are the Potential Outcomes of the Hearing?

What Are Controlled Dangerous Substances in Maryland?When you are pulled over and charged with driving while impaired (DWI) or driving under the influence (DUI) in Maryland, you can expect not one, but two legal proceedings—the criminal proceeding in court to determine guilt or innocence and assess penalties, and the administrative hearing at the Department of Motor Vehicles. The focus of the DMV hearing is your driving privileges.

When you are formally charged with drinking and driving in Maryland, the arresting officer will take your license. You will then be issued a temporary license, good for only 45 days. You must then request the administrative hearing within 10 days—if you don’t, your license will automatically be suspended.

At the hearing, an administrative judge will hear evidence to determine the extent to which you need continued driving privileges—for work or other daily needs—and will take those needs into consideration when ruling. Typically, for a first-time offense, your license will be suspended for a minimum of 45 days, but suspension may be modified to allow you to drive to work. With a second conviction, the work modification is usually unavailable. In many instances, the administrative law judge allows continued operation of a vehicle with the installation of an ignition interlock, which requires that you successfully exhale into a blood alcohol tester attached to the ignition of your car before you can drive.

AV-Rated Maryland DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith brings more than three decades of experience to people across the greater Baltimore area and throughout the state of Maryland who are charged with DWI/DUI. He has been AV-rated (the highest rating possible) by his fellow attorneys in Maryland under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Attorney Smith has also received Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been listed among the top 100 lawyers in Maryland by SuperLawyers and honored as a Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith has the skill, knowledge, experience, and resources to fully protect your rights in a DUI/DWI prosecution. He’ll carefully gather all evidence that supports your acquittal and ensure that your constitutional rights have not been violated. He’ll question all potential witnesses so that he can present the most convincing arguments in your defense.

Attorney Smith has been named one of the top 100 attorneys in Maryland by the National Trial Lawyers Association, a by-invitation- only professional organization. He has earned a 10.0 (Superb) rating as a litigation attorney from AVVO and received the Client’s Choice Award from AVVO with an average client review of 5 stars.

Howard County, Maryland, Criminal Defense Attorney

Contact our office by email or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County, and Montgomery County in Maryland.


  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101