Maryland DUI/DWI Defense and MVA Administrative Per Se Hearing Package

MARYLAND DUI/DWI DEFENSE AND MVA ADMINISTRATIVE PER SE HEARING PACKAGE

Maryland DUI/DWI Statutory Snapshot

PART 1 — IMPLIED CONSENT SUMMARY AND CLIENT INTAKE

A. Implied Consent — Plain-Language Summary

Maryland's implied-consent law (Transp. § 16-205.1) deems every driver to have consented to a chemical test of breath (or blood, in lethal/SBI accidents) upon detention by an officer with reasonable grounds. Key features:

• Officer reads the DR-15 "Advice of Rights" form and issues the DR-15A "Officer's Certification" plus Order of Suspension.
• The driver receives a 45-day temporary paper license.
• To preserve the temporary license through the hearing date, the driver must request a hearing within 10 days.
• A request within 11–30 days still triggers a hearing but suspension begins on day 46 (with no continued temporary license).
• After 30 days, the right to a hearing is forfeited.
• Hearings are held by the Office of Administrative Hearings (OAH) — an Administrative Law Judge, not the MVA itself, decides.
• Issues limited to the five matters in § 16-205.1(f)(7) (reasonable grounds, evidence of alcohol/drug use, advisement, refusal/result, age, commercial driver, fatal accident).

B. Client Intake Checklist

☐ Date of arrest: [__/__/____] at [__:__ AM/PM]
☐ Date DR-15A issued: [__/__/____]
☐ 10-day deadline to preserve temp license: [__/__/____]
☐ 30-day absolute deadline to request hearing: [__/__/____]
☐ Suspension/IID start date (day 46 if no hearing): [__/__/____]
☐ Arresting officer / agency: [________________________________]
☐ District/County of arrest: [________________________________]
☐ District Court case / citation no.: [________________________________]
☐ Chemical test: ☐ Breath (EC/IR II) ☐ Blood ☐ Refused
☐ Reported BAC: [____] % ☐ < .08 ☐ .08–.14 ☐ .15+ ☐ refusal
☐ DR-15 Advice of Rights read in full? ☐ Yes ☐ No ☐ Unknown
☐ DR-15A signed by driver? ☐ Yes ☐ No ☐ Refused
☐ Maryland driver's license confiscated? ☐ Yes ☐ No
☐ Temporary paper license issued? ☐ Yes ☐ No
☐ Under 21? ☐ Yes ☐ No (BAC ≥ .02 is a per se offense — § 16-113)
☐ CDL holder? ☐ Yes ☐ No
☐ Prior alcohol-related conviction within 5 years? ☐ Yes ☐ No
☐ Prior MVA administrative action? ☐ Yes ☐ No
☐ Accident? ☐ Yes ☐ No — fatal/SBI? ☐ Yes ☐ No
☐ Out-of-state license? ☐ Yes ☐ No (still subject to Maryland MVA action)

PART 2 — MVA ADMINISTRATIVE HEARING REQUEST (10/30-DAY DEADLINE)

STATE OF MARYLAND — MOTOR VEHICLE ADMINISTRATION
Office of Administrative Hearings (OAH)

REQUEST FOR ADMINISTRATIVE HEARING — Md. Code Transp. § 16-205.1

Pursuant to Md. Code, Transp. § 16-205.1(f), the above-named driver, through undersigned counsel, hereby timely requests an administrative hearing on the proposed suspension/disqualification described in the Officer's Certification and Order of Suspension (DR-15A) issued on the date above.

Driver elects:

☐ Hearing to preserve temporary license (request being filed within 10 days of DR-15A).
☐ Hearing requested within 30 days (suspension will commence day 46; hearing right preserved).

☐ Enclosed: $150.00 hearing-request fee (or fee-waiver application).
☐ Enclosed: copy of DR-15A.

Subpoena Request

☐ Subpoena duces tecum for the arresting officer to appear with the original report, all video recordings, and any handwritten notes.
☐ Subpoena for breath-test instrument technician with maintenance and calibration records under COMAR 10.35.02.
☐ Subpoena for the breath-test instrument's certificate of accuracy / inspection log.
☐ Maryland State Police Forensic Sciences Division for raw blood test data, GC/MS chromatograms, chain-of-custody, and analyst proficiency records.

Election Regarding Ignition Interlock System Program

☐ Driver elects to opt in to the Ignition Interlock System Program under Transp. § 16-404.1 in lieu of suspension (this election waives the right to a hearing and contests of suspension; consult counsel).
☐ Driver does NOT elect interlock and proceeds with hearing.

Issues to be Determined (§ 16-205.1(f)(7))

1. ☐ Whether the officer had reasonable grounds to believe Driver was DUI/DWI;
2. ☐ Whether there was evidence of use of alcohol or controlled dangerous substance;
3. ☐ Whether Driver was advised of administrative sanctions (DR-15 read fully);
4. ☐ Whether Driver refused, or had a result of ≥ .08, or ≥ .15;
5. ☐ Whether Driver held a CDL or was operating a CMV;
6. ☐ Whether the test was a fatal accident.

[ATTORNEY NAME], MD Bar No. [______]
[FIRM ADDRESS]
[PHONE] | [EMAIL]
Date: [__/__/____]

MAIL TO:
Motor Vehicle Administration — Driver Wellness and Safety Division
Administrative Adjudication Unit
6601 Ritchie Highway NE, Glen Burnie, MD 21062
OR submit via the MVA hearing-request portal at mva.maryland.gov

PART 3 — DISCOVERY DEMAND (CRIMINAL CASE)

IN THE DISTRICT COURT OF MARYLAND FOR [COUNTY] COUNTY
Case No.: [________________]

DEFENDANT'S REQUEST FOR DISCOVERY UNDER MD. RULE 4-262 / 4-263

Pursuant to Md. Rule 4-262 (District Court) / Rule 4-263 (Circuit Court), Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), Defendant requests:

1. ☐ Statement of charges and statement of probable cause.
2. ☐ All written or recorded statements of Defendant.
3. ☐ Dash-camera, body-worn camera, station, and breath-test room recordings.
4. ☐ Officer's notes, supplemental reports, and CAD entries.
5. ☐ DR-15 ("Advice of Rights") and DR-15A ("Officer's Certification") forms.
6. ☐ Breath-test instrument records: Intoximeter EC/IR II subject-test record, RFI scans, maintenance logs (COMAR 10.35.02), and certificate of accuracy.
7. ☐ Maryland State Police Forensic Sciences Division blood-test packet — analyst report, raw data, chain-of-custody, GC/MS chromatograms, and analyst certification.
8. ☐ Field-sobriety test administration records and any drug-recognition evaluation (DRE) report.
9. ☐ Civilian witness names, contact information, and any recorded statements.
10. ☐ Defendant's full driving record certified by MVA.
11. ☐ Internal-affairs / Brady-Giglio impeachment material on officer witnesses.
12. ☐ Notice of any Rule 5-404(b) "other bad acts" evidence.

[ATTORNEY SIGNATURE]
Date: [__/__/____]

PART 4 — MOTION TO SUPPRESS

IN THE DISTRICT COURT [or CIRCUIT COURT] OF MARYLAND FOR [COUNTY] COUNTY
Case No.: [________________]

MOTION TO SUPPRESS EVIDENCE

Defendant, by counsel, pursuant to Md. Rule 4-252 (Circuit) / Md. Rule 4-251 (District), Article 26 of the Maryland Declaration of Rights, and the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution, moves to suppress:

I. Grounds — Check All That Apply

☐ A. Stop lacked reasonable articulable suspicion. Terry v. Ohio, 392 U.S. 1 (1968); Lewis v. State, 470 Md. 1 (2020).

☐ B. No probable cause to arrest. Whren v. United States, 517 U.S. 806 (1996); Moats v. State, 230 Md. App. 374 (2016).

☐ C. Warrantless blood draw without consent or exigency. Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016); State v. Miller, 449 Md. 471 (2016).

☐ D. Breath-test instrument non-compliance. COMAR 10.35.02; Wallace v. State, 372 Md. 137 (2002). Failure to comply with required 20-minute observation, instrument certification, or operator training.

☐ E. Failure to fully advise DR-15. Motor Vehicle Admin. v. Atterbeary, 368 Md. 480 (2002). Defendant was not adequately advised of the consequences before electing or refusing the test.

☐ F. Miranda violation. Custodial interrogation without warnings or after invocation of counsel.

☐ G. Pretextual / unreasonably prolonged stop. Rodriguez v. United States, 575 U.S. 348 (2015).

☐ H. SFST administration defects. Failure to substantially comply with NHTSA protocols.

☐ I. Chemical test outside two-hour window. Transp. § 10-303 — test must be of sample taken within 2 hours of apprehension to support evidentiary inference.

II. Relief

1. Evidentiary hearing under Rule 4-252(g);
2. Suppression of all statements, observations, and chemical test results;
3. Such other relief as is just.

[ATTORNEY SIGNATURE]
Date: [__/__/____]

PART 5 — MODIFIED LICENSE / IGNITION INTERLOCK ELECTION

IGNITION INTERLOCK SYSTEM PROGRAM ELECTION — Md. Code Transp. § 16-404.1

Driver Information

Election (check one):

☐ Pre-conviction election in lieu of suspension (§ 16-205.1(n)) — driver waives administrative hearing, accepts IID for required period.
☐ Post-conviction mandatory participation under § 16-404.1(d) (DUI conviction, BAC ≥ .15, refusal, conviction with prior alcohol-related offense, PBJ for DUI/DWI).
☐ Modification of suspension to permit IID-restricted driving (§ 16-205.1).

Required Participation Periods (§ 16-205(a)(2) / § 16-404.1(j))

Approved Service Provider

I have selected an MVA-approved service provider:

Driver Acknowledgments

☐ I will not drive any vehicle not equipped with a functioning IID.
☐ I will submit to monitoring at least every 30 days.
☐ I understand a circumvention violation extends the program.
☐ I will pay all program costs (estimated $[______]/month).
☐ I understand election does NOT affect the criminal case in court.

Driver Signature: [____________________________] Date: [__/__/____]
Counsel Signature: [____________________________] Date: [__/__/____]

PART 6 — PLEA-DEAL ANALYSIS WORKSHEET

A. Exposure Snapshot

B. Collateral Consequences

☐ CDL — 1 yr (lifetime 2nd) per 49 CFR § 383.51; PBJ is treated as conviction for CDL purposes
☐ Point assessment by MVA — separate from criminal disposition
☐ Professional licensure (lawyers, doctors, nurses) — duty to report
☐ Immigration — DUI generally not a CIMT; consult an INA expert
☐ Firearm rights — federal disability if felony
☐ Insurance / SR-22 (~3 years)
☐ Federal employment / security clearance
☐ Canada admissibility (IRPA § 36)

C. Negotiation Targets

D. Offer Log

E. Client Authorization

I, [DEFENDANT NAME], have reviewed the above with counsel. I authorize:
☐ Acceptance of the [__/__/____] offer.
☐ Counter-offer: [____________].
☐ Rejection and trial.

Defendant Signature: [____________________________] Date: [__/__/____]
Attorney Signature: [____________________________] Date: [__/__/____]

Sources and References

• Md. Code, Transportation §§ 16-113, 16-205, 16-205.1, 16-404.1, 21-902, 27-101
• Md. Code, Criminal Procedure § 6-220 (Probation Before Judgment)
• Md. Code, Courts & Judicial Proceedings § 10-302 et seq. (Chemical Tests)
• COMAR 10.35.02 (Breath Testing); COMAR 11.11.13 (IID Program); COMAR 17.04.06 (OAH)
• Md. Rule 4-251, 4-252, 4-262, 4-263 (Criminal Practice)
• Forms DR-15 (Advice of Rights), DR-15A (Officer's Certification and Order of Suspension)
• Motor Vehicle Admin. v. Atterbeary, 368 Md. 480 (2002)
• State v. Miller, 449 Md. 471 (2016)
• Wallace v. State, 372 Md. 137 (2002)
• Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016)
• People's Law Library (Maryland Courts): https://www.peoples-law.org

Disclaimer: Use of this template does not create an attorney-client relationship. Maryland operates a strict bifurcated DUI system; the MVA administrative action proceeds independently of the criminal case, and PBJ in criminal court does NOT eliminate the MVA action. The 10-day deadline to preserve the temporary license is jurisdictional and uncompromising.