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MVA
10 Day Hearing Request Rule
When you are stopped for drunk
driving in Maryland, the officer will ask you to take a chemical test
for the presence of alcohol. Your response may subject you to the 10
day rule. This rule gives you 10 days from the date of your arrest to
request a hearing. The purpose of the hearing is for you to challenge
the MVA's right to suspend you.
If you agree to take the test
and score .08 or more you face a 45 day suspension.
Repeat offenders face longer suspensions.
If you refuse to take the test
you face a 120 day suspension. Repeat
offenders face longer suspensions.
These suspensions will automatically
go into effect 46 days from your arrest, unless you request a hearing
within 10 days of your arrest.
You request the hearing by completing
a form that the officer is required to give you. The form is entitled
"Officer's Certification and Order of Suspension." This is
a two page document. Both pages look identical. However, the reverse
sides of these pages are different. One of the reverse sides contains
the form you must complete. (You
can view and print a blank copy of this form, in Adobe Acrobat "pdf"
format, by clicking on this link.) In addition you must enclose
a check when you mail in the form. The form tells you where to mail
your request for a hearing and your check. If you fail to enclose the
check, your request for a hearing will not be honored.
If it already has been 10 days
since your arrest, you may still have the right to a hearing. Don't
surrender your driving privileges due to lack of information.
This information begins to make
you a true and equal partner in your defense. Now,
let's get to work.
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