Quick answer: An MVA hearing decides whether you keep your Maryland license after a DUI arrest, too many points, or another action against your record — and it runs on a separate track from your Upper Marlboro traffic case. The deadlines are short. In a DUI “per se” case you generally have just 10 days to request a hearing and stay on your 45-day temporary license, so an Upper Marlboro MVA hearing lawyer should be reading your notice this week, not next month.
I’m David Waranch, and I’ve handled thousands of Maryland traffic and license cases. Below is what an MVA hearing is, why you got a notice, exactly how long you have to act, and where a lawyer changes the outcome for Prince George’s County drivers.
What Is an MVA Hearing in Upper Marlboro?
An MVA hearing is an administrative proceeding, not a criminal trial. It is conducted by the Maryland Office of Administrative Hearings (OAH) — an agency separate from the MVA — before an Administrative Law Judge. The judge is not deciding whether you committed a crime. The judge is deciding what happens to your driving privilege: no action, a suspension, a revocation, ignition interlock, or a restricted license where one is allowed.
This is where drivers get tripped up. If you were arrested for DUI in Prince George’s County, you have two separate cases: the criminal charge, heard in the District Court in Upper Marlboro, and the threat to your license, which runs on its own administrative track through the MVA and OAH. Resolving one does not automatically fix the other, which is why our Maryland DUI defense and MVA hearing work are handled together.
You have real rights at the hearing: you may be represented by an attorney, present evidence, cross-examine the officer, and subpoena your own witnesses. For a step-by-step walk-through, see what to expect at a Maryland MVA hearing.
Why Did I Get an MVA Hearing Notice?
The MVA takes different actions for different problems, and each type has its own rules, deadlines, and outcomes. That is the key thing to grasp: the deadline that applies to you depends on which action the MVA is taking. The most common triggers for Upper Marlboro drivers are below.
| Action type | What triggers it | What the hearing decides |
|---|---|---|
| Implied consent / DUI “per se” (§ 16-205.1) | A breath or blood test of 0.08 or more, or refusing the test | Whether the automatic suspension stands, and whether interlock applies |
| Point accumulation (§ 16-404) | 8 points (suspension) or 12 points (revocation) in a 2-year window | Whether to suspend, revoke, shorten, or hold the action in abeyance |
| Driving while suspended or revoked | A conviction or record entry for driving on a bad license | Additional suspension or revocation time |
| Provisional / underage alcohol | Points for a provisional driver, or an alcohol offense under 21 | Suspension length and restrictions |
| Medical / fitness-to-drive | A referral questioning your ability to drive safely | Whether restrictions or a suspension are needed |
| Fraud, habitual offender, child support | Other administrative grounds set by statute | Suspension, revocation, or reinstatement conditions |
Whatever the trigger, your notice names the action and states your deadline to request a hearing — read it the day it lands in your mailbox. If you’re not sure what set the action in motion, our Prince George’s County traffic lawyers can pull your certified record and explain it.
How Long Do I Have to Request a Hearing?
It depends on the action — and this is exactly where drivers lose their licenses by accident. The well-known “10-day rule” belongs to DUI per se cases. It is not a universal clock that applies to every MVA action.
DUI / implied consent (§ 16-205.1). If you failed the test at 0.08 or more, or refused it, the officer takes your Maryland license, serves an order of suspension, and issues a paper temporary license good for 45 days. To keep driving on that temporary license until your hearing, you must request the hearing within 10 days of the notice. You can still request one up to 30 days out, but a request after day 10 will not extend the temporary license, so the suspension starts on day 46 no matter what. See our page on the Maryland DUI MVA per se hearing.
Point suspensions and revocations (§ 16-404). These carry their own window. The MVA notice of suspension or revocation gives you the right to request a hearing within 10 days after the notice is sent (Saturdays, Sundays, and legal holidays don’t count), and the action takes effect at the end of that 10-day period unless you ask for a hearing. There is no 45-day paper license here — it is a different mechanism from the DUI temporary license, even though both happen to use a 10-day figure.
Everything else. Medical reviews, fraud actions, and provisional-license matters each state their own deadline on the notice. Don’t assume the DUI 45-day cushion applies — treat any notice as urgent and call.
The 45-day myth costs people their licenses. That temporary paper license after a DUI arrest is not a 45-day grace period to think things over. It is only good through your hearing if you request that hearing within 10 days. Wait past day 10 and the suspension lands on day 46 with no way to pause it. Count the days from the date on your notice, not from your court date.
What Suspension Am I Facing in a DUI Per Se Case?
For a Maryland licensee, § 16-205.1 sets the administrative suspension by test result. These consequences flow from the test itself, separate from anything the criminal court does.
| Test result | First offense | Second or subsequent |
|---|---|---|
| 0.08 or more | 180 days | 180 days |
| 0.15 or more | 180 days | 270 days |
| Test refusal | 270 days | 2 years |
There’s a trap buried in these numbers. A work or school restricted license is only on the table for a result between 0.08 and 0.14. If you refused the test or blew 0.15 or more, there is no modified suspension and no restricted license — the Ignition Interlock System Program under Md. Code, Transp. § 16-404.1 is your only way to keep driving. In place of a hearing, within the same time limits, you can surrender your license and elect interlock for 180 days (0.08–0.14) or 1 year (0.15 or more, or a refusal). Which path is right turns on the strength of the case against the stop and the test — which is what the hearing is for.
“A request made after 10 days does not extend a temporary license issued by the police officer that allows the person to continue driving for 45 days.” — Md. Code, Transp. § 16-205.1
How Do Points Lead to an Upper Marlboro MVA Hearing?
Maryland stacks points on your record over a rolling two-year period, and the MVA escalates as they build. The tiers under Md. Code, Transp. § 16-404 are fixed:
| Points in 2 years | MVA action |
|---|---|
| 3 points | Warning letter |
| 5 points | Required Driver Improvement Program |
| 8 points | Notice of suspension (hearing right attaches) |
| 12 points | Notice of revocation (hearing right attaches) |
An initial point suspension generally runs from 2 to 30 days, with longer periods for repeat or serious cases. A hearing is your chance to argue for the low end, or for a restricted license so you can keep getting to work. See how Maryland’s point system works and how a single conviction can push you over the next tier. If you are already suspended, our guide to restoring a Maryland driver’s license lays out the road back.
Why Representation Matters at an MVA Hearing
These hearings are technical and evidence-based, and the ALJ applies the statute closely. A driver who walks in alone often doesn’t know which facts matter, what the officer had to do at the roadside, or which remedies the judge can actually grant. Here’s what representation looks like:
- Requesting the hearing on time and preserving every right your notice offers
- Pulling your certified MVA record and checking it for errors
- Testing the stop, the advice of rights, and the test for defects
- Building the case for a restricted license with work, school, or medical documentation
- Working out interlock eligibility when that is the smart move
- Coordinating the hearing with the underlying criminal or traffic charge
MVA actions rarely travel alone. They often ride alongside charges like driving on a suspended license, so the smart play is to defend the whole picture at once. For the statewide overview of every MVA matter, see our Maryland MVA lawyer hub.
Prince George’s County Areas We Serve
We represent drivers across Prince George’s County and the corridors that funnel stops here — the I-95/I-495 Capital Beltway, US-301, and MD-4 (Pennsylvania Avenue). Wherever you were stopped, the license consequences run through the same MVA and OAH process.
- Upper Marlboro
- Bowie
- Laurel
- Hyattsville
- Largo
- Clinton
- College Park
- Fort Washington
Upper Marlboro MVA Hearing FAQs
MVA hearings are conducted by the Maryland Office of Administrative Hearings, an agency separate from the MVA, before an Administrative Law Judge. Your notice states how and where your hearing is scheduled. It is a separate proceeding from any criminal traffic case in the District Court in Upper Marlboro.
No. The 10-day rule that preserves your 45-day temporary license applies to DUI per se cases under Transportation section 16-205.1. Point suspensions and revocations have their own 10-business-day request window with no temporary license, and other actions state their own deadline on the notice. Always read the deadline on your specific notice.
Sometimes. For a DUI test result between 0.08 and 0.14 a restricted license may be available. For a refusal or a result of 0.15 or more there is no restricted license option, and the Ignition Interlock System Program is the only way to keep driving. Point-based suspensions may allow a restricted license depending on the circumstances.
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. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.