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License suspended twice for one DUI instance?

Business 7 views 3 answers
I was arrested for DUI a week prior to Noah’s Law. I accepted taking the breathalyzer and registered a .12. At my first MVA hearing the Admin Judge stated she believed I was DUI and my penalty was a suspended license for 45 days which they then granted me a 45 day restricted license since I was under .15 and 1st offense in 10 years (there was a prior 15 years ago). I also didn’t get interlock because I was below .15. I was convicted of the lesser DWI and 8 points went on my license. Now I received a letter, 11 weeks after the conviction, that my license is being suspended for 9 months or I have to accept interlock for 9 months because of the 8 points on my license. This is the second time my license is being penalized for the same offense. Everywhere I read about the penalties states a suspension (which I was given at the 1st MVA hearing) and 8 points given on the license. Nowhere does it state your license will be suspended twice. Thoughts?

Attorney Answers

3
John Joseph Pikulski IVCriminal Defense AttorneyUpper Marlboro, MD ·
This can happen when you don't receive a PBJ. The first MVA suspension was for the test result. The second for points accumulation. You should have received a letter with the option to request an administrative hearing on the points issue as well. Depending on your current points, prior DUI/DWI offenses and overall driving record you may be able to continue driving despite the 8 point offense. Unfortunately if you don't request the hearing you may be automatically suspended. If you want more clarity you can pull your MVA record (available online) and contact an attorney.
0 upvotes
Mark Oakley ·
Yes, there are two separate triggering events for MVA action against your license: (1) the "per se" breath test law, which allows immediate action against a person's driving privileges merely for blowing over a certain limit or refusing a test; and (2) upon conviction of DWI, the law allows for suspension based upon the conviction of DUI itself, and for the points assessed (because whenever you accumulate 8 points or more in any two year period, the MVA can suspend). Therefore, although you already suffered a 45 day suspension/restricted license under the per se law, you now face the twin grounds of suspension for the DUI conviction and point accumulation. You should request a hearing within the time frame, and consider retaining a lawyer.
0 upvotes
Julia Simmons ·
This situation is very common in most states and can't be avoided.
0 upvotes

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