• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

2nd DUI advice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

WilliamOcean

Junior Member
I got my 2nd DUI within 5yrs in Maryland. I have already completed a 26wk alcohol treatment class. I've had the interlock on my car since August. I have an alcohol restricted license. I served 30 days in jail. I have 2yrs of probation plus 50hrs of community service.

I just got a letter from MVA stating my license is about to be suspended and I need to pay $150 for an MVA hearing to prove why is shouldn't be suspended. Also, the letter states I can elect to do the interlock program for 6months(which I already have done for 8months).

My questions are do I really need to pay $150 for this hearing?
If I've already had interlock for 8 months and MVA says I need it for 6months, can I show proof and get interlock removed?
 


PayrollHRGuy

Senior Member
If the interlock device is instead of the hearing you should avail yourself of that option.

If it isn't then no you don't have to pay for and have the hearing. Of course they will just go ahead and suspend your licence.

I'm actually surprised at the second shot at the interlock device.
 

WilliamOcean

Junior Member
re:

If the interlock device is instead of the hearing you should avail yourself of that option.

If it isn't then no you don't have to pay for and have the hearing. Of course they will just go ahead and suspend your licence.

I'm actually surprised at the second shot at the interlock device.
my DUI was in August '17. I elected to get the interlock myself a week later instead of going to an MVA hearing. Now, in April '18, I get another letter in after my court date and conviction stating my license will be suspended if I don't pay $150 or get the interlock. Is there a way to prove to the MVA that I already have interlock and an alcohol restricted license without giving them $150?
 

PayrollHRGuy

Senior Member
Sorry, misunderstood the first time around.

You should be able to simply show them the that you already have the interlock. I'm sure there is a not insignificant amount of paperwork that you have that shows you have the device.
 

Zigner

Senior Member, Non-Attorney
Sorry, misunderstood the first time around.

You should be able to simply show them the that you already have the interlock. I'm sure there is a not insignificant amount of paperwork that you have that shows you have the device.
OP wants the previous time he's had it to count towards his new requirement. I'm not so sure that will happen...but it can't hurt to ask the folks at the MVA
 

PayrollHRGuy

Senior Member
The OP needs to make clear if this letter is for a DUI conviction other than the one he put the device on in August '17.
 

GuyInNC

Member
In looking at the MVA website ( http://www.mva.maryland.gov/about-mva/info/26200/26200-14T.htm ) I see references to an 'opt in' program and it sounds like this is the path you tried to take.

If you are really in the program then you have been going to your IID provider monthly and the IID provider has been sending reports to the MVA. Those reports would be required (I would expect) by the MVA in order to give you any kind of "credit" for having had an IID installed. Your IID provider should be able to tell you where and how those reports are sent.

If those don't exist then you are probably starting from scratch WRT an IID, although only the State of Maryland can say for sure.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top