What Is Administrative License Suspension?

In Maryland, drivers often assume their license can only be suspended after a court conviction. However, the state’s Administrative License Suspension (ALS) process allows the Motor Vehicle Administration (MVA) to suspend a driver’s license immediately following certain violations, particularly DUI-related offenses.

ALS can have serious consequences for your daily life, employment, and insurance, even before a court determines guilt. Many drivers are unaware of the timelines, options, and strategies for challenging ALS. Understanding this process is critical for protecting your rights and maintaining your ability to drive.

This guide explores the ALS process, common triggers, steps to fight a suspension, and how The Law Office of Hillel Traub, P.A. can assist Maryland drivers in navigating this complex system.

What Triggers Administrative License Suspension

ALS typically applies in the following situations:

1. Refusal of a Breath or Blood Test
   • Maryland law allows immediate suspension for drivers who refuse chemical testing after arrest.
   • Refusal usually leads to a one-year suspension for a first offense, longer for subsequent refusals.
2. High Blood Alcohol Content (BAC) Readings
   • A BAC of 0.08% or higher results in ALS.
   • Commercial drivers may face stricter thresholds (0.04%).
3. Accumulation of Points or Serious Traffic Violations
   • Repeated violations can trigger administrative actions before court judgments.
   • Example: Reckless driving, excessive speeding, or failure to carry insurance.
4. Criminal Charges Related to Driving
   • Hit-and-run, driving without a license, or vehicular assault can trigger immediate license suspension.

The ALS Process Step by Step

1. Notice of Suspension
   • Issued by the arresting officer or mailed by the MVA
   • Contains suspension dates, violation details, and instructions to request a hearing
2. Temporary License
   • Drivers often receive a 45-day temporary license to allow time to request a hearing
3. Requesting a Hearing
   • Must be requested within 10 days of notice receipt
   • Failure to request a hearing results in automatic suspension
4. Administrative Hearing
   • Held by an MVA administrative law judge
   • Focuses on procedural compliance, BAC results, and legal grounds for suspension
5. Decision and Appeals
   • Judge may uphold, reduce, or overturn the suspension
   • Decisions can be appealed in Maryland courts if necessary

How to Challenge ALS

Challenging an ALS requires careful attention to detail and knowledge of Maryland law. Common strategies include:

• Questioning the Stop: Was there probable cause for the traffic stop?
• Challenging Chemical Test Results: Was the equipment calibrated and functioning correctly?
• Procedural Errors: Were you properly informed of your rights? Were timelines followed?
• Medical or Environmental Factors: Could health conditions or environmental factors have affected test results?

Case Example:
A Maryland driver successfully overturned an ALS suspension after demonstrating the breathalyzer machine had not been properly calibrated, and the officer failed to follow procedural steps during testing.

Common Misconceptions

• “ALS only happens after a DUI conviction.” – False. Suspension is administrative and independent of court outcomes.
• “I can’t fight it.” – Maryland drivers have the right to a hearing, and experienced attorneys can significantly improve the outcome.
• “It only lasts a few weeks.” – ALS can have long-term implications on insurance, employment, and future driving privileges.

Tips to Protect Your Driving Privileges

1. Act Quickly: Request a hearing within 10 days.
2. Document Everything: Record the details of your arrest and any test results.
3. Consult an Attorney: ALS cases are complex; legal guidance increases chances of success.
4. Consider Restricted Licenses: Some drivers may qualify for work or medical use.
5. Maintain Compliance: Follow all MVA and court directives carefully.

FAQs

Q1: Can I drive while ALS is pending?
A1: Usually, a temporary license allows limited driving, but violations may result in further penalties.

Q2: How long does an ALS last?
A2: Depends on the violation. DUI refusals may result in one-year suspension for a first offense; subsequent violations increase the term.

Q3: Will ALS affect my insurance?
A3: Yes. Insurance companies consider administrative suspensions when calculating premiums, even before a court conviction.

Q4: Can ALS be removed from my record?
A4: Not directly, but successfully challenging the suspension can prevent points or a permanent record of the incident.

Protecting Your License: Understanding Administrative Suspension

Administrative License Suspension can have serious consequences, but with the right guidance, it is not inevitable. At The Law Office of Hillel Traub, P.A., we help Maryland drivers navigate ALS hearings, challenge evidence, and safeguard their ability to drive. Understanding your rights, acting quickly, and seeking expert legal counsel can make the difference between a temporary inconvenience and a long-term setback.

Next Step: Don’t wait until your license is suspended. Contact us today to review your case and take action before it’s too late.

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