After a DUI arrest in Maryland, you have as few as 10 days to request a hearing with the Motor Vehicle Administration (MVA) if you want to keep your license while your case is pending. Miss that deadline, and your driving privileges can be suspended automatically before you ever set foot in a courtroom. Here’s what you need to know about the MVA hearing process, the paperwork involved, and how to give yourself the best chance of holding onto your license.
What Is an MVA Hearing and Why Does It Matter?
An MVA hearing is a civil administrative proceeding that’s completely separate from your criminal DUI case. Your criminal case determines whether you’ll be convicted. The MVA hearing determines whether you keep your license.
The hearing takes place at the Office of Administrative Hearings (OAH) before an administrative law judge. There’s no prosecutor, no jury, and no police officer in the room. The judge reviews the paperwork submitted by the arresting officer and then hears from you or your attorney.
The critical point: the MVA can suspend your license regardless of what happens in criminal court. You can beat the DUI charge and still lose your license if you didn’t request a hearing or present a strong case at one.
What Are the Deadlines for Requesting an MVA Hearing?
This is where most people make their first mistake. After a DUI arrest, the officer will confiscate your license and issue a temporary paper license (the DR-15A form). That form doubles as your Order of Suspension and temporary driving permit, valid for 45 days. You then have two deadline windows:
- 10 days from the date of arrest: If you request a hearing within this window, your temporary license stays valid until the hearing takes place. This is the deadline that matters most.
- 30 days from the date of arrest: You can still request a hearing during this window, but your license may be suspended before the hearing is scheduled. That means you could spend weeks unable to drive legally while waiting for your date.
If you don’t request a hearing within 30 days, you waive your right to challenge the suspension entirely. The MVA will proceed with the default penalties.
What Paperwork Do You Need to File?
The request process is straightforward, but errors can cost you. You need to submit a written hearing request to the Office of Administrative Hearings, along with a $150 filing fee (payable by check or money order to the Maryland State Treasurer). Once received, the OAH will schedule a hearing — typically four to six weeks out — and notify you by mail. Make sure your attorney knows the moment that notice arrives so there’s time to prepare.
What Happens at the Hearing?
The hearing itself is less formal than a court proceeding, but the outcome carries just as much weight. The judge will review the officer’s paperwork, the DR-15A, the arrest report, and any breath or blood test results, and then hear from you or your attorney.
This is where preparation makes the difference. Your attorney can argue that the traffic stop lacked probable cause, that the breath test was improperly administered, or that the officer failed to follow required procedures. If the judge agrees, the result may be no action on your license.
If the judge imposes a suspension, its length depends on your BAC and whether you refused testing. A first offense with a BAC between 0.08% and 0.14% may mean a 180-day suspension. A BAC of 0.15% or higher, or a test refusal, typically results in a longer suspension with a mandatory ignition interlock device.
How an Attorney Can Help You Keep Your License
Many drivers handle MVA hearings on their own because the process looks simple on paper. But the difference between keeping and losing your license often comes down to knowing which arguments carry weight with administrative judges and which procedural errors to target in the officer’s documentation.
We review every piece of paperwork the MVA relies on, including arrest forms, test records, and officer notes. We prepare you for what the judge will ask and present a clear case for why your driving privileges should remain intact. If a full suspension can’t be avoided, we push for a restricted license or the most favorable interlock terms available.
Attorney Christian Hartman is a former prosecutor with certifications in DUI detection and field sobriety testing. He knows what the paperwork should look like and where officers get it wrong. Contact us for a free consultation before your deadline passes.