A Maryland MVA hearing is a separate, administrative hearing about your driver’s license, not your guilt. An administrative law judge decides whether the license suspension that follows a failed or refused test should stand, be modified, or be dropped. To keep driving until that decision, request the hearing within 10 days of the date on your Order of Suspension.
- Deadline to keep drivingWithin 10 days of the Order of SuspensionTransp. § 16-205.1(f)(4)
- Last day to get any hearing30 days from the Order of SuspensionTransp. § 16-205.1(f)(1)
- Filing fee$150, payable to the Maryland State TreasurerMVA form DR-015
- Who decidesAn administrative law judge at the Office of Administrative HearingsMVA hearing guidance
Most people arrested for DUI in Maryland think they have one case. They have two. The criminal case has a court date and a prosecutor. The second one is quieter and moves faster: the Motor Vehicle Administration starts suspending your license on its own clock, whatever happens in court.
The MVA hearing is where that second case is decided. It is also the one with the deadline most people miss.
Jump to: What it is · The 10- and 30-day deadlines · How to request one · What happens at the hearing · What the judge can consider · Possible outcomes · Suspension lengths · Ignition interlock instead · FAQ
What is an MVA hearing in Maryland?
An MVA hearing is an administrative proceeding about your driving privilege. It follows a DUI or DWI arrest in which you either refused a chemical test or tested at 0.08 or higher. It does not decide whether you are guilty of a crime, and it does not end your criminal case.
When that happens, the officer takes your Maryland license and gives you an Order of Suspension (form DR-15A). That paper works as a temporary license for 45 days. If you do nothing, the suspension starts on day 46.
The hearing is held by the Office of Administrative Hearings (OAH) before an administrative law judge. There is no jury and no State’s Attorney. The arresting officer often does not appear in person; the judge typically works from the officer’s sworn paperwork unless the officer is subpoenaed.
- Decides guilt on DUI or DWI
- Possible fines, jail, probation, PBJ
- Prosecutor must prove the charge beyond a reasonable doubt
- Points and interlock follow a conviction or PBJ
- Decides only the license suspension
- Triggered by a test of 0.08 or more, or a refusal
- Runs on its own 10- and 30-day clock
- Can be won, modified or lost regardless of the court result
How long do you have to request an MVA hearing?
Ten days to keep driving, thirty days to get a hearing at all. Both clocks run from the date the Order of Suspension was issued, which is usually the date of the arrest. They do not run from your court date.
| When you request the hearing | Do you get a hearing? | Can you keep driving until it’s decided? |
|---|---|---|
| Within 10 days of the Order | Yes | Yes. Your temporary privilege continues until the hearing decision. |
| Days 11 to 30 | Yes | No extension. The 45-day temporary license still ends, and the suspension can begin before your hearing date. |
| After day 30 | Generally no | No. The suspension takes effect on day 46. |
Source: Md. Code, Transportation § 16-205.1(b)(3), (f)(1), (f)(4) and (f)(6); MVA form DR-015.
How do you request an MVA hearing?
The instructions are printed on the back of the driver’s copy of the Advice of Rights form (DR-015). In practice:
- Find the Order of Suspension and note the date it was issued.
- Complete the hearing request on the form.
- Include the $150 fee, by check or money order payable to the “Maryland State Treasurer.” A request without the fee, or an approved waiver, is not valid.
- Send it to the Office of Administrative Hearings (11101 Gilroy Road, Hunt Valley, MD 21031) so it is filed inside the 10-day window. Use a method you can prove.
- Keep copies of everything, including proof of the date you sent it.
- Talk with a lawyer before you choose between a hearing and the ignition interlock election. The choice affects what happens next.
Hearings are usually scheduled a few weeks after the request. The MVA says to expect roughly four to six weeks.
What happens at an MVA hearing?
It is short, formal and focused on paperwork. The judge opens the record, which usually includes the officerusually includes the officer’s sworn statement (the DR-15A), the Advice of Rights form and any test resultrsquo;s sworn certification on the Order of Suspension (DR-15A), the Advice of Rights form and any test result. You, or your lawyer, can then:
- object to documents that are incomplete, unsigned or inconsistent;
- argue that the State has not proved one of the required issues;
- offer testimony and documents of your own; and
- if you are asking for a restricted license, show why you need to drive for work, school, treatment or medical care.
The judge rules at the end of the hearing or soon after, and the MVA updates your record to match. A hearing is also a chance to see the State’s paperwork early, which can matter in the criminal case.
What can the judge consider?
The issues are set by statute and are narrow. Broadly, the judge looks at whether:
- The officer had reasonable grounds to believe you were driving, or attempting to drive, under the influence or while impaired.
- There was evidence that you had used alcohol, drugs or a controlled substance.
- The officer asked you to take a test after fully advising you of the administrative penalties.
- You refused the test, or took it and the result was 0.08 or more.
Because the list is narrow, these hearings are won on details: a missing signature, an advice-of-rights problem, a time that does not line up, a test that was not administered the way the regulations require. The judge does not decide whether you were guilty of DUI.
What are the possible outcomes?
| Outcome | What it means |
|---|---|
| No action | The State did not prove a required issue. The suspension is not imposed and your license is returned. |
| Restricted license | For a 0.08 to 0.14 result, the judge may modify the suspension to allow driving for work, school, alcohol education or treatment, or necessary medical care. |
| Interlock participation | For a refusal or a 0.15+ result, a restricted license is available only through a one-year Ignition Interlock Program. |
| Suspension upheld | The full administrative suspension takes effect. |
Source: Transportation § 16-205.1(o) and (p). If you disagree with the decision, an appeal can be filed in the circuit court within 30 days.
How long is the suspension if you lose?
The length depends on the test result and on whether it is your first administrative suspension.
| Trigger | First time | Second or later |
|---|---|---|
| Test result 0.08 to 0.14 | 180 days | 180 days |
| Test result 0.15 or more | 180 days | 270 days |
| Refused the test | 270 days | 2 years |
Source: Md. Code, Transportation § 16-205.1(b)(1)(i). Longer periods apply when a crash caused a death or life-threatening injury. Some older websites still show 45- and 90-day suspensions; those figures predate the 2016 changes and are no longer the law.
Can you choose ignition interlock instead of a hearing?
Yes, if you are eligible. Instead of requesting a hearing, you can elect to join the MVA’s Ignition Interlock Program and keep driving with a device in your vehicle. The election form is on the back of the driver’s copy of the Order of Suspension, and it has the same 10-day deadline.
- Test result 0.08 to 0.14: about six months (180 days) in the program.
- Test result 0.15 or more, or a refusal: one year in the program.
Electing interlock usually means giving up the hearing, and with it the chance to have the suspension dropped. It is a strategic choice, not a formality. Separately, a DUI or DWI conviction or PBJ now carries its own interlock requirement through the courts and the MVA; our guide to Maryland DUI laws explains how the two fit together.
Do you need a lawyer for an MVA hearing?
You are allowed to represent yourself. The hearing is narrow, though, and the issues are technical. A lawyer who handles DUI cases knows which paperwork defects matter, whether interlock or a hearing makes more sense for your result, and how the administrative record can help the criminal case that runs alongside it. At Cochran & Chhabra, we handle the MVA hearing and the court case together.
If you were arrested in Anne Arundel County, our Annapolis DUI defense page walks through what happens next locally. For the BAC thresholds behind all of this, see Maryland BAC limits explained.
Frequently asked questions
How long do I have to request an MVA hearing in Maryland?
Request it within 10 days of the date the Order of Suspension was issued to keep driving until the hearing decision. You can still request a hearing up to 30 days after the order, but a request made after day 10 does not extend the 45-day temporary license.
Does the 10-day MVA deadline run from my arrest or my court date?
From the date the Order of Suspension was issued, which is usually the date of the arrest. It does not run from your court date. Check the date printed on your own copy of the order.
How much does an MVA hearing cost in Maryland?
The request fee is $150, paid by check or money order to the Maryland State Treasurer. A request filed without the fee, or an approved waiver, is not valid.
Who decides an MVA hearing?
An administrative law judge at the Maryland Office of Administrative Hearings. There is no jury and no prosecutor, and the arresting officer often does not appear unless subpoenaed.
Does winning the MVA hearing get my DUI dismissed?
No. The MVA hearing decides only your license suspension. The criminal DUI case in court is separate, and a result in one does not automatically decide the other.
How long is the license suspension for a first DUI in Maryland?
For a first administrative suspension, 180 days for a test result of 0.08 or more, including 0.15 or more, and 270 days for refusing the test. A second refusal carries two years.
Can I get a restricted license after a Maryland DUI?
For a test result of 0.08 to 0.14, the judge may allow driving for work, school, alcohol education or treatment, or medical care. For a refusal or a 0.15+ result, a restricted license is available only through a one-year Ignition Interlock Program.
Can I choose ignition interlock instead of an MVA hearing?
Yes, if you are eligible. The election is made within the same 10-day window: about six months in the program for a 0.08 to 0.14 result, and one year for a 0.15+ result or a refusal. Electing interlock usually means giving up the hearing.
Can I appeal an MVA hearing decision?
Yes. An appeal can be filed in the circuit court within 30 days after the decision.
Do I need a lawyer for an MVA hearing?
You can represent yourself, but the issues are narrow and technical. A DUI lawyer can identify paperwork defects, advise whether a hearing or interlock makes more sense, and use the hearing record in the criminal case.
Sources
- Md. Code, Transportation § 16-205.1 — test refusal and results; suspensions; hearings; interlock election
- Maryland MVA — Requesting a hearing
- Maryland MVA — Alcohol test failure or refusal
- Maryland MVA form DR-015 — Advice of Rights
- Md. Code, Transportation § 16-404.1 — Ignition Interlock Program
Last updated October 19, 2026. This guide is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its facts. Prior results do not guarantee a similar outcome.