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Today I'd like to talk about the administrative hearing process when an individual is arrested for suspicion of DUI.
When an individual is arrested there are two processes that occur. There's the criminal
case. And there's the administrative suspension of drivers license.
I've spoken about the criminal case in previous videos. Regarding the drivers license, an
individual has the option of requesting a hearing for the suspension of their drivers
license at the office of administrative hearings. Those hearings are typically scheduled in
the main OAH Office of Administrative hearings office in Hunt Valley. Occasionally, those
cases are scheduled at local MVA's depending on the facts and circumstances of the case,
and where the incident occurred.
At that hearing, an administrative law judge will decide whether or not the MVA has sufficient
evidence to prove a suspension of the license, and whether or not a modified license is allowed and appropriate.
The standard of proof at the Office of Administrative Hearings is significantly lower than at court.
At court, the state needs to prove guilt beyond a reasonable doubt, the highest standard that exists in law.
At the Office of Administrative Hearings the MVA needs to prove their case by a preponderance
of the evidence. That's the lowest standard that exists in law.
In court, the state needs to use the rules of evidence to prove their case. At the Office
of Administrative Hearings the MVA uses something called the Administrative Procedures Act,
which basically says if evidence is relevant and probative it is admitted, and then the
judge decides what kind of weight to give it.
What that means practically speaking is that here-say is admissible at administrative hearings,
documents are admissible without an officer testifying about them, and the state doesn't
need to lay any foundation for any kind of evidence it intends to admit.
What that means practically speaking is that the MVA case is much easier to prove than
the criminal case. If the judge believes that the MVA has proven their case, they will decide
if an individual is eligible for a modified license.
On a first offense, so long as an individual blows .14 or lower, they are eligible for a restricted license.
What they would need to show to get that license is two things. That they need to drive, and
that their safe to drive. If an individual can make that showing the judge will almost
always issue a restricted license that will allow them to drive to and from work, on the
job, for any kind of alcohol education and treatment, and for any medical appointments
for themselves or their family for the period of suspension.