Alcohol Test Failure or Refusal

If you refuse to take a test to determine your blood alcohol or drug concentration, or take a test and fail it, the police officer will confiscate your driver’s license (Maryland drivers only), issue a paper temporary license and prepare a case for the Maryland MVA file. If you are a commercial driver’s license holder, the MVA will suspend your commercial driver’s license and may disqualify your driving privilege.

What documents might you be given at the time of the incident?

Officer’s Certification and Order of Suspension – The form provides information about the incident, the pending suspension and indicates whether or not you submitted to a test. If your driver’s license was confiscated, you may be authorized to use the driver copy as a temporary license.

The reverse side of the driver copy will provide information about the Ignition Interlock Program.
The reverse side of the hearing request copy provides information and a form to request an administrative hearing within thirty (30) days before the Maryland Office of Administrative Hearings (OAH).

Advice of Rights Form- The form provides the administrative sanctions related to your Maryland driving privilege. It also advises you regarding additional penalties that may be imposed, and your ability to opt into the Ignition Interlock Program. You must indicate on the form either your agreement or refusal to take the test. The police officer and you both sign and date the form

What decisions need to be made after arrest?

You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to ensure that your privilege to drive is not suspended prior to your hearing.

Your request for a hearing must be made in writing. The reverse side of the hearing request copy provides information and a form to request an administrative hearing. Send your request to the Office of Administrative Hearings (OAH) at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301. You must include a check or money order for $150.00, which is the required filing fee, made payable to the “Maryland State Treasurer.” Your request for a hearing will be invalid if submitted without the required $150.00 filing fee or applicable fee waiver.

The OAH will notify you of the hearing date and location. If applicable, your attorney will also receive hearing information from the OAH. If a hearing is requested within 10 days of the "order of suspension" date and your Maryland driver's license was surrendered, your license will not be suspended before you appear for the scheduled hearing. A hearing request postmarked after the 30th day of the "order of suspension" date will be denied.

Your driver’s license or privilege will be suspended on the 46th day after the Order of Suspension if you do not request a hearing within 10 days of the date of the Order of Suspension or, if eligible, you do not elect within 30 days of the Order of Suspension to participate in the Ignition Interlock System Program. In order to receive credit for the suspension, you must surrender your driver’s license or certify that you no longer have the license in your possession. If you submit a valid hearing request, a suspension will not be imposed unless a decision is rendered against you, or if you fail to appear for the hearing.

How long will my driver’s license be suspended, disqualified or revoked?

The suspension/disqualification periods are as follows:

Submitted to the test and failed: Blood Alcohol Content 0.08 through 0.14

1st offense- 180 day suspension
1st offense involving fatality- 180 day suspension
2nd or subsequent 180 day suspension
2nd or subsequent involving fatality- 1 year suspension

Submitted to the test and failed: Blood Alcohol Content 0.15 or more

1st offense- 180 day suspension
1st offense involving a fatality- 1 year suspension
2nd or subsequent offense- 270 day suspension
2nd or subsequent involving fatality - revocation

Refused to submit to the test:

1st offense- 270 day suspension
2nd or subsequent offense- 2 year suspension

Operating a commercial motor vehicle at the time:

1st offense- 1 year Commercial Driver's License (CDL) disqualification
2nd or subsequent offense- lifetime CDL disqualification

Operating a commercial motor vehicle carrying hazardous materials at the time:

1st offense- 3 year CDL disqualification
2nd or subsequent offense- lifetime CDL disqualification

Please note that in addition to the actions identified above, if your driving privilege was subject to an alcohol restriction at the time of the incident, you may face additional sanctions. The MVA will notify you of the proposed action.

Credit for the suspensions will not be given until the MVA receives your current Maryland driver’s license, or a signed statement that the license is no longer in your possession.

Fees:

There is a fee for filing a hearing request with the Maryland Office of Administrative Hearings (OAH).
You may mail or hand-deliver your hearing request and filing fee to OAH at 11101 Gilroy Road, Hunt Valley, MD 21031.
Your check or money order must be made payable to “Maryland State Treasurer” and include your name, address, driver's license number and home or work phone number.

Contact Information:

MVA
Administrative Adjudication Division
6601 Ritchie Highway
Glen Burnie, MD 21062

For telephone questions:

MVA Customer Service Center:	1-410-768-7000
TTY/Hearing Impaired:	1-800-492-4575