Quick answer: An MVA hearing decides whether the Maryland MVA can suspend or revoke your license after a DUI, a chemical-test refusal, too many points, or a medical or fitness review. It is held by the Office of Administrative Hearings (OAH) before an Administrative Law Judge and is completely separate from your criminal case in District Court. If the action comes from a DUI test failure or refusal, you generally have only 10 days to request a hearing and keep your 45-day temporary license.
I’m David Waranch, and I’ve handled thousands of Maryland traffic and license cases, appearing before Administrative Law Judges across the state. As a Montgomery County MVA hearing lawyer, my job is to protect your driving privilege before a suspension ever starts.
What Is an MVA Hearing in Maryland?
An MVA hearing is a civil, administrative proceeding, not a criminal trial. The Maryland MVA refers the case to the Office of Administrative Hearings, an independent agency, and an Administrative Law Judge decides whether your license will be suspended, revoked, restricted, or left alone. At the hearing you can be represented by counsel, present evidence, testify, and subpoena witnesses.
This process runs on its own track. Your DUI or traffic charge is decided in District Court under the criminal rules; the MVA action is decided at OAH under the administrative rules, with different deadlines and a different burden of proof, so a good result in one does not guarantee a good result in the other. For a step-by-step walk through the process, see our guide on what to expect at a Maryland MVA hearing.
Why Do Montgomery County Drivers Get MVA Hearing Notices?
A hearing notice can come from a single incident or from a pattern that builds over time. In Montgomery County, where much of the daily driving happens on I-270, the Capital Beltway (I-495), US-29, and Rockville Pike, the most common triggers I see are DUI stops and point accumulation from routine tickets that quietly add up. The reason on your notice controls which deadline applies, so read it closely.
| Type of action | What triggers it | Deadline to request a hearing |
|---|---|---|
| Per se / implied consent (Transp. § 16-205.1) | DUI breath or blood test of 0.08 or more, or a test refusal | 10 days to keep the 45-day temporary license; up to 30 days to request a hearing at all |
| Point suspension or revocation (Transp. § 16-404) | Reaching 8 points (suspension) or 12 points (revocation) | 10 days after the MVA mails the notice (weekends and legal holidays excluded) |
| Other administrative actions | Fraudulent license, medical or fitness-to-drive review, habitual offender, failure to pay child support, underage alcohol, provisional violations | As stated on the notice you received |
Notice that two very different actions each carry a 10-day clock, for different reasons. Miss it and the suspension usually takes effect automatically, even if you had a solid defense.
Which Deadline Applies to My MVA Hearing?
After a DUI test failure or refusal, the officer confiscates your Maryland license, serves an order of suspension, and issues a paper temporary license that lets you keep driving for 45 days. Under Md. Code, Transp. § 16-205.1, you can request an OAH hearing at that moment or within 10 days and the temporary license carries you until the hearing. Wait past day 10 and, even if you still request a hearing within 30 days, the suspension starts on day 46 no matter what. Our Maryland DUI per se hearing page explains this timeline in detail.
A point action works differently. Under Transp. § 16-404, once the MVA sends a notice of suspension at 8 points or a notice of revocation at 12 points, you have 10 days after that notice is sent, not counting Saturdays, Sundays, and legal holidays, to file a written hearing request. If you do not, the suspension or revocation is effective at the end of that 10-day window. There is no 45-day temporary license in a point case, which is exactly why people confuse the two and lose their window.
How Do Maryland’s Point Tiers Work?
Maryland counts points accumulated within any two-year period, and the MVA is required to act at set thresholds. Knowing where you stand tells you how close you are to a hearing notice.
| Points in a 2-year period | What the MVA must do |
|---|---|
| 3 points | Send a warning letter |
| 5 points | Require a Driver Improvement Program (Transp. § 16-212) |
| 8 points | Issue a notice of suspension |
| 12 points | Issue a notice of revocation |
The rules are stricter for young drivers. A provisional licensee under 18 who accumulates 5 or more points in a 12-month period faces a 6-month suspension for a first offense and a full year for a second. If points are your issue, our plain-English overview of Maryland’s point system is a good next read, and once a suspension has already hit, see how to restore a Maryland driver’s license.
Can I Keep Driving With a Restricted License or Interlock?
Sometimes, and the answer depends heavily on your test result. For a breath or blood test of 0.08 to 0.14, a modified suspension or a work-only restricted license may be on the table at the hearing. For a test refusal or a result of 0.15 or more, there is no modified suspension and no restricted license. Under Transp. § 16-404.1, the Ignition Interlock System Program is the only way to keep driving.
You can also skip the hearing and elect the interlock program in writing within the same time limits: 180 days for a result of 0.08 to 0.14, one year for a result of 0.15 or more, and one year for a refusal. Whether to fight the suspension or elect interlock is a strategy call, and it is one worth making with a lawyer before the clock runs out.
Winning in court does not automatically save your license. The MVA per se action runs on its own track and its own 10-day clock. Even if your DUI charge is later dropped, reduced, or resolved with probation before judgment in District Court, the administrative suspension can still take effect if you missed the hearing deadline. Treat the MVA notice as urgent the day you get it.
How a Montgomery County MVA Hearing Lawyer Can Help
An MVA hearing looks informal, but the judge is applying real rules to real evidence, and no one in that room is looking out for you except you and your attorney. Here is what I do on a Montgomery County MVA case:
- Pull your full MVA driving record and check it for errors, stale entries, and points that should have dropped off.
- File the hearing request correctly and on time so you never forfeit your right to be heard.
- Scrutinize the MVA’s paperwork, the officer’s advice of rights, and the test administration for gaps the law does not allow.
- Build the case for a restricted license or interlock where a full suspension is not warranted, backed by proof of your job, family duties, and any treatment.
- Coordinate the MVA strategy with any related charge so your Montgomery County traffic case and your license case do not undercut each other.
If you are weighing whether to go it alone, read our honest look at handling your own MVA hearing first. For the full range of license matters we handle statewide, from per se cases to reinstatement, see our Maryland MVA lawyer page.
What Happens at the Hearing?
Most OAH hearings follow the same shape. The Administrative Law Judge reviews the paperwork and evidence submitted by the MVA. Your attorney then presents arguments, documents, and any supporting testimony. The judge may ask about your driving record, your work, your treatment, or your medical status, and often announces a decision the same day, with a written order to follow. Where a suspension or restriction is imposed, the judge can still allow limited or interlock-restricted driving in many cases.
Serving Drivers Across Montgomery County
We represent drivers throughout Montgomery County, including Rockville, the county seat, along with Silver Spring, Bethesda, Gaithersburg, Germantown, Wheaton, Takoma Park, Montgomery Village, and Clarksburg. Whether your stop happened on I-270, the Beltway, US-29, Rockville Pike, or a quiet local street, we understand how these cases move from the traffic stop to the courtroom and then to the MVA, and we handle each stage so nothing falls through the cracks.
Do not wait until a suspension has already started. If you have an MVA notice in hand, call today and we will map out your deadlines and options.
It depends on the action. For a DUI test failure or refusal, request within 10 days to keep your 45-day temporary license, and no later than 30 days to get a hearing at all. For a point suspension or revocation, you have 10 days after the MVA sends the notice, not counting weekends and legal holidays. Other actions state their own deadline on the notice.
No. The MVA hearing is a civil, administrative proceeding held by the Office of Administrative Hearings before an Administrative Law Judge, and it only decides your driving privilege. Your DUI or traffic charge is handled separately in District Court. The two run on different tracks, and the outcome of one does not control the other.
For a test result of 0.08 to 0.14, a restricted or work-only license may be available at the hearing. For a refusal or a result of 0.15 or more, there is no modified suspension or restricted license, and participating in the Ignition Interlock System Program is the only way to keep driving legally.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. §§ 16-205.1, 16-404, 16-404.1, and 16-212. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.