The MVA hearing is where you keep or lose your driving privileges.
A MVA hearing is an administrative legal proceeding that deals with the suspension or revocation of one's driving privileges. At a MVA hearing, the circumstances surrounding your case are reviewed in an administrative process before an Administrative Law Judge.
Whether you took an alcohol test or not, the reason the police officer requested the test and your informed consent to the test are examined during a MVA hearing. However, it is important to remember that a MVA hearing in the state of Maryland does not decide whether or not you are guilty of a criminal act, just simply whether or not your license will be suspended or revoked.
According to Maryland Code, Transportation Article § 21-902, "a person may not drive or attempt to drive any vehicle while under the influence of alcohol." Section 16-205 states that "the Administration may revoke the license of any person who..."
- Is convicted of driving or attempting to drive a motor vehicle while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by a controlled dangerous substance; or
- Has been convicted of homicide by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance; and
- Is convicted of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely.
Upon conviction of a DUI the MVA may then suspend or possibly revoke a person's license. Furthermore, the installation of an interlock ignition device may also be required to maintain driving privileges.