Alpert Schreyer Personal Injury Lawyers | September 6, 2026 | MVA Hearing
One of the most commonly asked questions our firm gets when it comes to DUI arrests is “Should I request an MVA hearing?” Attorneys around the state can vary as to how they feel about it, but our firm advises all of our clients to request a hearing with the Motor Vehicle Administration unless they are strongly opposed to doing so.
Within 10 days of the date of your arrest (or the date of the Order of Suspension) for driving under the influence / driving while impaired, you should request an MVA hearing as it is the only means at that time to keep your temporary license valid past the 45-day mark. While you can put in for an MVA hearing within 30 days after the arrest / date of the Order of Suspension, know that after the 10-day mark, your license can be suspended on the 46th day following the arrest.
Why Should I Put in For an MVA hearing?
By filling out the form titled “Hearing Request” that you should have received with your arrest-related paperwork (also known as Form DR-15A) and mailing it to the Office of Administrative Hearings (OAH) alongside a check for $150, there will be a forthcoming hearing.
What is an MVA Hearing Like?
The hearing itself is conducted by an Administrative Law Judge (ALJ), where they review whether or not law enforcement:
- had probable cause to stop you
- properly advised you of your rights or not
- whether you refused testing or not
- if your BAC was truly 0.08 or higher
Evidence is able to be presented at this hearing, such as the police report, results from the breath test and officer testimony.
What Should I Do If I Didn’t Get an MVA Hearing Request Form?
No need to worry, we can assist with drafting a document for you to submit to the MVA.
How Can I pay the $150 Fee to the MVA?
To submit the filing fee necessary to have an MVA hearing, you will need to provide a check alongside the hearing request form that is submitted to the Office of Administrative Hearings. The Motor Vehicle Administration of Maryland accepts cashiers’ checks / money orders as well as personal checks.
What Happens If I Don’t Request an MVA Hearing?
If you choose not to put in for an MVA hearing, your temporary license will expire on the 46th day following your arrest / the date in which the Order of Suspension took place. You will not be able to contest the suspension at the administrative level; this ruling is final.
What Happens If I’m Arrested in Maryland For DUI and I Don’t Have a Maryland Drivers License?
For those who are charged with driving under the influence or driving while impaired in the state of Maryland who do not have a MD license, it is near guaranteed that the arresting officer will NOT take your out-of-state license, however, your right to drive is impacted.
Without a MD drivers license, you are ineligible for a temporary paper license, which means that you cannot legally drive in Maryland. There are ways to work with this particular situation; many of our firm’s clients are simply visiting or frequently drive through Maryland for work and we have successfully represented their cases both with the MVA and with the citations they’ve received.
When Will I Have My Hearing?
Hearings held by the MVA often occur 12-16 weeks after the request is submitted. In many cases, the district court portion of this process is resolved prior to the MVA hearing.
Do I Have to Appear In-Person For an MVA hearing?
We handle MVA hearings remotely through the video conferencing platform WebEx.
Should I Have the Interlock Device Installed Anyway?
At times we advise our clients to proceed directly to installing an interlock device into their vehicle. This is only done after a free legal consultation is done with an attorney from our firm once the facts of the case have been reviewed. There are times where, upon reviewing the evidence at hand, we may advise a client to forgo the hearing to support their best interests.
If you or someone you know has been arrested, charged or is potentially going to be charged with driving under the influence / driving while impaired in the state of Maryland, a skilled trial attorney is necessary to fight for a successful outcome. At Alpert Schreyer, LLC, our team of trial attorneys know what it takes to win, and we’ve more than experienced at bringing success to any and all situations. Call our firm 24/7 at (301) 321-7277 to learn more.
We have offices in Waldorf, Rockville, Lanham, and Frederick, and proudly serve clients in Prince George’s County, Calvert County, Frederick County, St. Mary’s County, County, Charles County, all of Maryland, and the District of Columbia.