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The Maryland MVA Hearing 10 Day Rule: The Temporary License

If you refused the breath or blood alcohol test or your test resulted in an alcohol level of .08 or more, your license is subject to automatic suspension. See, Md. Code Ann., Trans., section 16-205.1(b)(3).

Protect your license

To keep your license from being automatically suspended, you must request a hearing with the Maryland Motor Vehicle Administration (MVA) within 10 days of your arrest.

If you are a Maryland licensed driver, when you are arrested on a drunk driving charge, the police will confiscate your driver's license and issue a temporary license to drive. The temporary license is valid for 45 days, starting from the day of your arrest. On the 46th day, the license automatically expires.

Attached to the temporary license is a form which looks like a copy of the temporary license. The copy is a form to request an administrative hearing. You must complete and mail or deliver the hearing request form to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301.

Do not forget the filing fee.

You must enclose a check or money order for $125.00, made out to the Maryland State Treasurer, at the time you submit your hearing request. If you do not enclose the filing fee, your request for a hearing will be denied. Do not send cash. It is a good idea to send the form and filing fee registered or certified mail.

The Benefit

If you have requested the hearing within the 10 day window, prior to any suspension of your license, your entitled to a hearing. A hearing should be scheduled within the 45 day time frame of the temporary license, however, situations arise (scheduling conflicts, subpoenas need to be issued, emergencies, etc.) where a postponement of the hearing may be necessary.

If you requested the hearing within 10 days and a postponement is granted, your temporary licenses should also be extended. However, if you did not request the hearing within 10 days, you are not entitled to any extensions of the temporary license.
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