Published on 10/6/2025, 3:21:00 PM
Driving Without a License in Maryland: A Complete Guide
Being charged with driving without a license in Maryland is far more serious than a simple traffic ticket. Many people are surprised to learn that it's a misdemeanor offense that carries the potential for jail time. Understanding the law, the penalties, and your defense options is crucial.
This guide breaks down what you need to know about a driving without a license charge and explains how it differs from the related, but more severe, charge of driving on a suspended license.
The Law: Maryland Transportation Article Section 16-101
The legal foundation for this charge is Maryland Transportation Article Section 16-101. In simple terms, this law states that you cannot drive a motor vehicle on any highway in Maryland unless you have a valid driver's license. This is a "must-appear" offense, meaning you can't just pay a fine, you must go to court.
What are the Penalties for Driving Without a License?
Because this is a misdemeanor, a conviction results in a criminal record. The maximum penalties are set by law and depend on your prior record.
- First Offense: Up to 60 days in jail and/or a $500 fine.
- Subsequent Offense: Up to one year in jail and/or a $500 fine.
- MVA Points: A conviction carries 5 points on your Maryland driving record.
Driving Without a License vs. Driving While Suspended
It's easy to confuse these two charges, but the courts and the MVA view them very differently. Driving while suspended is generally considered the more serious offense because it involves actively defying an order from the MVA.
| Charge | Driving Without a License (TA � 16-101) | Driving While Suspended (TA Section 16-303) |
|---|---|---|
| Typical Reason | You never obtained a license, or you let your license expire. | You had a valid license, but the MVA suspended your privilege to drive due to points, a DUI, or other violations. |
| Max Penalty | 60 days jail / $500 fine (1st offense). | 1 year jail / $1,000 fine. |
| MVA Points | 5 points. | Up to 12 points, which can trigger a license revocation. |
While any charge is serious, a conviction for driving on a suspended license carries harsher MVA consequences and is often viewed more critically by prosecutors and judges.
How Can a Lawyer Defend This Charge?
Even if you were driving without a license, an experienced attorney has a clear path to protecting your record. The strategy often depends on one key factor: your ability to get a license.
- Get a Valid License: The single best thing you can do is obtain a valid driver's license before your court date. In many cases, an attorney can show your new license to the prosecutor, who may agree to drop the charge completely (a nolle prosequi).
- Negotiate for a PBJ: If you are unable to get a license before court, the goal is to avoid a conviction. A lawyer can negotiate for a Probation Before Judgment (PBJ). With a PBJ, you are not formally convicted, and no points are assessed, as long as you comply with the court's conditions.
- Challenge the Stop: Like any traffic citation, the police must have a valid legal reason to pull you over. If the initial traffic stop was unlawful, any evidence gathered from it can be suppressed, often leading to a dismissal of the case.
If you or a loved one has been charged with driving without a license, don't make the mistake of handling it alone. Contact us today for a free consultation to discuss your case.
