Maryland Administrative Hearings Also Follow a DUI Arrest
Many defendants charged with DUI in Maryland are dismayed to find out that not only do they have to go to court and face criminal charges, but they must also fight the MVA in a separate proceeding. Even if the criminal defendant is found "not guilty" of all charges in criminal court, the MVA may still suspend the defendant's driver's license on separate grounds.
The Maryland Court of Special Appeals ruled in Johnson v. State (1991) that this DOES NOT amount to double jeopardy. The bases of the MVA administrative hearing is to determine if the driver "broke his agreement" with the state when he was issued his license and agreed not to "drink and drive."