Home / Blog / Driving While Suspended or Revoked in Maryland: Section 16-303 Charges, Penalties, and Defenses
Published on 8/19/2025, 1:47:00 PM
Driving While Suspended or Revoked in Maryland: Section 16-303 Charges
*Maryland Transportation Article Section 16-303 makes it a crime to drive while your license or driving privilege is refused, canceled, suspended, or revoked. Most subsections carry up to 1 year (first offense) and 2 years (certain subsequent) plus fines, but the "paperwork" variants Section 16-303(h) and Section 16-303(i) are must-appear, fine-only (up to $500). Strong defenses target status timing, identity, "highway" coverage, and record errors. Fixing the root problem (insurance, fines, reinstatement) can shift outcomes especially on (h)/(i).
What does "driving while suspended" mean in Maryland?
Under TA Section 16-303, the State must prove that you were driving a motor vehicle on a highway (or similarly covered area) while your license or privilege (MD or out-of-state) was in a prohibited status on the date and time alleged. Subsections (a)-(g) address broader refusals/cancellations/suspensions/revocations; (h) and (i) carve out specific "paperwork" suspensions.
If your stop also came with an attempt to get away, read how prosecutors approach fleeing and eluding and why it's frequently stacked alongside Section 16-303.
Penalties at a glance
-
Most Section 16-303 charges (non-(h)/(i))
- First offense: up to 1 year jail and/or up to $1,200 fine.
- Certain subsequent (within 3 years): up to 2 years.
- Convictions generally carry MVA points under Section 16-402 (varies by subsection).
-
Special "paperwork suspension" charges Section 16-303(h) & (i)
- Must appear; cannot prepay.
- Fine up to $500 (no jail term stated for these two).
If you were detained and worry about release conditions, our bail review lawyer page walks through what judges consider at first appearance.
How the State proves it
Prosecutors typically rely on:
- Certified MVA records showing your status at the exact time of driving;
- Officer testimony that you were on a highway or covered public roadway;
- Identity (body-worn camera, dashcam, admissions, or witness).
Small timing details matter. If you cleared a suspension that morning, the update timestamp on your MVA record can decide the case.
Defense angles that actually move the needle
- Status timing & record accuracy. Pull your full MVA history and correspondence; look for reinstatement entries, clerk corrections, or misapplied payments.
- Identity of the driver. Challenge lighting, distance, body-cam angle, and whether the footage truly shows you.
- "Highway" element. Purely private property may fall outside coverage.
- Out-of-state suspensions. Demand clean proof of the foreign state's status and that it maps to the Maryland subsection charged.
- Charge selection. If facts fit (h)/(i), press to keep the case in those fine-only buckets.
- Negotiation leverage. Proof of reinstatement, insurance compliance, or fine payment can support reductions or dismissals especially on (h)/(i).
Skim our traffic citations overview for how companion counts are handled, including flee and elude.
Driving While Revoked Section 16-303(d)
What it prohibits: You may not drive a motor vehicle on a highway (or property covered by Section 21-101.1) while your Maryland license or driving privilege is revoked. Revocation is different from a suspension: it's a termination of the privilege that generally requires re-application and MVA approval before you can lawfully drive again.
Penalties & points (non-(h)/(i) bucket):
- First offense: up to 1 year in jail and/or up to $1,200 fine.
- Second/subsequent within 3 years: up to 2 years in jail and/or up to $1,200 fine.
- Points: Section 16-303 violations (other than (h)/(i)) are assessed as 12 points.
These are the same penalty brackets that apply to Section 16-303(c) (suspended), but far heavier than the fine-only paper-status offenses under Section 16-303(h)/(i). If your stop also drew add-ons like fleeing and eluding or a companion DWOL, those can compound exposure.
How the State proves it:
- you were driving; 2) on a highway/covered property; 3) while your privilege was revoked in Maryland at that time; and 4) identity as the driver. Expect certified MVA records plus officer testimony. For process context, see our traffic citations page.
Defense angles that matter:
- Status timing & record accuracy: obtain the full MVA history and any correspondence; look for reinstatement steps, clerical corrections, or misapplied payments.
- Identity & "highway": press body-cam/dashcam quality, vantage points, and whether the location is truly covered by the statute.
- Charge selection: when facts actually fit the "paperwork" carve-outs in (h)/(i), push to keep the case out of (d)/(c) and in the fine-only lane.
- DUI overlap: if revocation stems from alcohol-related proceedings, review our Maryland DUI guide and the DR-15A advisement on license consequences.
- Remediation: start reinstatement steps early; bring written proof to court. Our post on driving while suspended or revoked explains what documents help.
Section 16-303(c) vs. Section 16-303(h): what's the real difference?
| Issue | Section 16-303(c) | Section 16-303(h) |
|---|---|---|
| Core conduct | Driving while your MD license/privilege is suspended (general Maryland suspension). | Driving while suspended for specific "paperwork" reasons under TA SectionSection 17-106, 26-204, 26-206, or 27-103 (insurance noncompliance, FTA/FTP-type triggers, collections). |
| Who suspended you? | Maryland MVA any MD suspension not limited to (h) or (i). | Maryland MVA, but only the enumerated statute-based suspensions. |
| Penalty (TA Section 16-303(k)) | Jailable under (k)(1): up to 1 year (first) or 2 years (qualifying subsequent within 3 years) and/or up to $1,000 fine. | Fine-only under (k)(2): must appear, no prepay, max $500 (no jail term stated). |
| MVA points (TA Section 16-402(a)) | 12 points for any Section 16-303 violation except (h) or (i). | 3 points (same 3-point rule applies to (i)). |
| What the State must prove | You were driving on a highway; your license/privilege was suspended in MD on the date/time alleged; and identity. | Same baseline proof plus the suspension must fall within SectionSection 17-106/26-204/26-206/27-103. |
| Typical defense angles | Status timing, record errors, identity, "highway." | All of (c) plus a mapping challenge: does the State's evidence show the suspension arose under one of the four (h) bases? |
Why it matters: A Section 16-303(c) conviction brings jailable exposure and 12 points (revocation risk). A Section 16-303(h) conviction is built for administrative, paperwork-driven scenarios: fine up to $500, 3 points, and often more manageable once you fix the underlying issue before court.
How Section 16-303 compares to "Driving Without a License"
"Driving Without a License" (DWOL) targets never having been licensed, not driving while an existing privilege is suspended/revoked. If officers wrote DWOL instead (or in addition), see our guide to driving without a license (DWOL) for elements and sentencing differences.
When a suspension or revocation traces to DUI paperwork, also review our Maryland DUI overview and the role of the DR-15A advisement in license consequences.
What to do right now
- Pull your MVA record and gather letters/emails about suspension, payments, or reinstatement.
- Fix the status (insurance compliance, FTA/FTP resolution, reinstatement) before court; bring proof.
- Don't miss court. Section 16-303(h)/(i) are must-appear.
- Talk to counsel about keeping your case in the (h)/(i) lane where appropriate and avoiding jailable subsections and about specific defenses to (d) revocation cases.
- If you were booked, learn what to expect at a first appearance from our bail review lawyer page.
FAQs
Q: Is jail mandatory for a first Section 16-303 conviction?
A: No. For most subsections a judge may impose up to 1 year, but there's no mandatory minimum. For (h) and (i), the statute caps punishment at a fine up to $500.
Q: What if I never had a license?
A: That's usually DWOL, not Section 16-303. The State must prove you were unlicensed not suspended or revoked. See our page on driving without a license.
Q: Do points always follow a conviction?
A: Yes, Section 16-303 convictions carry MVA points. The number depends on the subsection: 12 points for most Section 16-303 convictions, 3 points for (h)/(i).
Q: Can fixing my status help my case?
A: Absolutely. Proof that you reinstated or resolved the underlying issue can support charge reductions or outcomes under (h)/(i) where the facts fit.
If you're charged with driving while suspended or revoked, we'll map your facts to the correct subsection, press the State on each element, and build a plan around the weakest link in their proof. Contact us for a free consultation.
