Tuesday, January 23, 2007

Artifact Six

Maryland DUI Penalties. Kenneth E. Crocken. 23 Jan. 2006. http://www.crockenlaw.com/penalties.html.

This site contains the process of how a convict of a DUI goes through the Maryland Vehicle Association system.

"There is a possibility of three proceedings:
(1) If you had a BAC over .08 or you refused the breathalyzer test you are subject to an initial MVA hearing regarding the suspension of your license,(2) the court proceedings, and (3) if you had points assessed in the court proceedings, another MVA Hearing.
The initial MVA HEARING
Of legal drinking age, test result of .08 or more, but less than .15: First Offense: 45 Day Suspension Subsequent Offense: 90 Day Suspension
Of legal drinking age, test result of .15 or more: First Offense: 90 Day Suspension Subsequent Offense: 180 Day Suspension
Of legal drinking age, refusal of breath or blood test: First Offense: 120 Day Suspension Subsequent Offense: 1 Year Suspension
Under the legal drinking age, test result of .02 or more or refusal: First Offense: 1 Year Suspension Second Offense: 2 Year Suspension
If you did not refuse the breath test, and you have not been convicted of a drunk driving offense or had your license suspended within the last 5 years, the administrative judge may modify the suspension.If you refused the test, you agree to participate in the ignition interlock program from one year, and you have not been convicted of a drunk driving offense or had your license suspended within the last 5 years, the administrative judge may modify the suspension" (1).

  1. How did the MVA decide on these penalties?
  2. Can a case move on to the court system?

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