Bottom Line Up Front
The Maryland MVA administrative hearing is the parallel proceeding that decides whether a driver keeps a license after a DUI arrest. The hearing is run by the Office of Administrative Hearings, not by the District Court, and it operates on its own ten day deadline that runs whether the driver acts or not. A driver who requests the hearing within the ten day window after a breath test failure or refusal preserves the right to challenge the automatic suspension. A driver who misses the window forfeits that challenge entirely, and the suspension proceeds even if the criminal case is later dismissed or the driver is acquitted at trial. Understanding the administrative track is essential because the criminal track, by itself, does not protect the license.
Most drivers stopped for DUI in Prince George’s County learn about the criminal case immediately. They are arrested, transported, given the breath test, processed at the booking facility, and released with a court date. The administrative case, by contrast, often goes unnoticed in the chaos of the arrest. The temporary paper license that the trooper hands over after a breath test failure or refusal is the only physical artifact of the administrative case at that point, and the ten day deadline runs from the date of the temporary license.
This article walks through how the MVA administrative hearing works and what drivers need to do to protect the license. For the broader DUI and traffic framework, see our complete Prince George’s County DUI and traffic defense guide.
The Two Track Structure
Maryland operates two parallel tracks for DUI cases. The criminal track is run by the State’s Attorney’s Office for Prince George’s County and proceeds in the District Court at Hyattsville or Upper Marlboro (or the Circuit Court at Upper Marlboro for felony cases). The criminal track addresses the criminal liability question: did the driver commit the DUI offense, and if so, what is the sentence?
The administrative track is run by the Maryland Motor Vehicle Administration’s enforcement division, with hearings conducted by the Office of Administrative Hearings. The administrative track addresses only the license question: should the driver’s license be suspended for the breath test failure or refusal? The administrative finding has no criminal effect; the criminal finding has no administrative effect. The two are independent.
Independence is important to understand. A driver acquitted at trial can still lose the license if the administrative hearing went against him or her. A driver convicted at trial can still keep the license if the administrative hearing was successful. The two tracks ask different questions, apply different standards of proof, and produce different outcomes.
The administrative standard is preponderance, not beyond reasonable doubt. The criminal trial requires the State to prove the elements beyond a reasonable doubt. The administrative hearing requires only proof by a preponderance of the evidence. The lower standard makes the administrative track easier for the State, which is one reason why the procedural challenges at the hearing become important.
The Ten Day Window
The ten day deadline runs from the date the temporary paper license is issued, which is typically the date of the arrest. Within those ten days, the driver must submit a written request for an MVA hearing on a specific form, accompanied by the required fee. Late requests are not accepted regardless of the reason, and the suspension proceeds automatically at day 46 (when the temporary license expires).
The process for requesting the hearing is administrative but specific. The driver completes the hearing request form, includes the fee (currently $150), and mails the request to the MVA’s enforcement division within the ten day window. Counsel typically handles this process for represented drivers, but unrepresented drivers can complete the request themselves; the procedure is not complex.
Once the hearing is requested, the temporary license remains valid until the hearing is conducted. The hearing is typically scheduled within thirty to ninety days of the request, depending on the OAH docket. The driver continues to drive on the temporary paper license throughout the waiting period.
The Hearing Itself
The MVA administrative hearing is a contested proceeding before an administrative law judge of the Office of Administrative Hearings. The hearing typically takes place at an OAH location convenient to the driver, often the OAH facility in Hunt Valley or Greenbelt. The driver has the right to be represented by counsel, to present evidence, to cross-examine witnesses, and to a written decision.
The MVA presents the case through documentary evidence and, in some cases, the testimony of the arresting officer. The principal documents are the officer’s certification (Form DR-15A), the breath test result if the driver tested, the DR-15 advice form, and any related reports. The certification establishes the officer’s reasonable grounds, the proper administration of the implied consent advice, and the test result or refusal.
The defense addresses each element. Common challenges include: insufficient reasonable grounds for the stop or the breath test request, defects in the DR-15 advice (incomplete reading, lack of opportunity to consult counsel, language barriers), procedural defects in the breath test administration (observation period violations, machine calibration issues, operator certification questions), and refusal that was not actually a refusal under the law.
The “no fault refusal” defense. Maryland law recognizes that a driver who attempted in good faith to provide a breath sample but was unable to do so for medical or physical reasons (asthma, COPD, severe respiratory illness, anxiety attack) may not have legally refused the test. Successful no-fault arguments require medical documentation and careful presentation. Drivers with documented respiratory conditions should bring their records to the hearing.
The Interlock Alternative
Drivers who anticipate a likely loss at the administrative hearing have the option of agreeing to participate in Maryland’s ignition interlock program in lieu of suspension. The program installs a calibrated breath-testing device on the vehicle, which the driver must blow into before starting and at random intervals while driving. The device prevents the vehicle from starting if alcohol is detected.
The interlock program preserves the ability to drive while fulfilling the administrative consequences. For drivers whose employment or family responsibilities depend on driving, the interlock alternative is often the right choice. The program runs for a defined period (typically a year for a first offense, longer for subsequent offenses), after which the device is removed and the driver returns to standard licensure.
The interlock decision is independent of the criminal case. A driver can participate in the interlock program and still proceed to trial on the criminal DUI charge. A driver can also accept the criminal disposition (PBJ, plea, conviction) without affecting the interlock participation. The two tracks remain separate throughout. Our Calvert County ignition interlock guide walks through the program in detail.
Defense Strategy
Effective defense in MVA administrative hearings follows several patterns. First, request the hearing within the ten day window. The deadline is absolute and missing it forfeits the entire administrative case. Second, prepare for the hearing carefully. The procedural challenges that drive most successful outcomes require detailed preparation; the hearing is not a place to improvise. Third, evaluate the interlock alternative early. For drivers whose employment depends on driving, the interlock program may be the right choice even when the hearing has merit. Fourth, coordinate the administrative defense with the criminal defense. Statements made at the hearing become part of the record and can affect the criminal case.
MVA Administrative Hearing Defense
The ten day window runs whether you act or not. Haskell & Dyer represents drivers at MVA administrative hearings throughout Prince George’s County and Maryland.
Main Office: 301-627-5844
24/7 Hotline: 240-687-0179
Related Reading
- From the Capital Beltway to the Hyattsville Bench: The Complete PG County DUI and Traffic Defense Guide
- Ignition Interlock Program in Maryland
- Maryland License Points
References
Code of Maryland Regulations Title 11.11 (2024). Motor Vehicle Administration: License suspensions, restorations, and reinstatements. Glen Burnie, MD: Maryland Department of Transportation.
Maryland Code Annotated, State Government Article §§ 10-201 to 10-226 (2024). Administrative Procedure Act: Contested cases. Annapolis, MD: General Assembly of Maryland.
Maryland Code Annotated, Transportation Article § 16-205.1 (2024). Administrative per se license suspension. Annapolis, MD: General Assembly of Maryland.
Maryland Office of Administrative Hearings. (2024). OAH procedures for MVA administrative hearings. Hunt Valley, MD: Author.
Legal Disclaimer: This article provides general information about Maryland MVA administrative procedure and is not legal advice. Reading it does not create an attorney client relationship with Haskell & Dyer. For a confidential consultation, call 301-627-5844 or our 24/7 hotline at 240-687-0179.
