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Published on 2/11/2022, 4:32:00 PM

Charged with a DUI with an out of state license?

If you've been charged with a DUI in Maryland but have an out of state license, you may be confused at why your State license was not confiscated, if you can still drive in the State of Maryland, and what steps you should take to make sure that you can still legally drive while pending court for your DUI case.

The answer to this question will depend on if you provided a breath sample and what the result is or refused a test.

So I was charged with a DUI but my license isn't from Maryland

If you were charged with a DUI, Maryland can not take action against your license in your home state; however, they can suspend your driving priviledges within the State of Maryland, and this suspension may take effect from the day of the DUI charge. Because you do not have a Maryland license, you are ineligible to take part in a license modification, or an ignition interlock.

Your "Maryland" driving priviledges will therefore be suspended from the day of your charge according to the schedule laid out in Transportation Article Section 16-205.1:

Maryland DUI License suspension chart

(ii) In the case of a nonresident or unlicensed person:

  1. Except as provided in items 2, 3, and 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing:
    A. For a first offense, suspend the person's driving privilege for 180 days; or
    B. For a second or subsequent offense, suspend the person's driving privilege for 180 days;

  2. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.15 or more at the time of testing:
    A. For a first offense, suspend the person's driving privilege for 180 days; or
    B. For a second or subsequent offense, suspend the person's driving privilege for 270 days;

  3. Except as provided in item 4 of this item, for a test result indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:
    A. For a first offense, suspend the person's driving privilege for 6 months; or
    B. For a second or subsequent offense, suspend the person's driving privilege for 1 year;

  4. For a test result indicating an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person:
    A. For a first offense, suspend the person's driving privilege for 1 year; or
    B. For a second or subsequent offense, revoke the person's driving privilege; or

  5. For a test refusal:
    A. For a first offense, suspend the person's driving privilege for 270 days; or
    B. For a second or subsequent offense, suspend the person's driving privilege for 2 years; and

Bear in mind that these are only the potentials for suspension related to breath testing for suspicion of a DUI/DWI. These suspensions are not lifted, even if we win your criminal DUI case. There are additional possibilities for losing your license upon DUI/DWI conviction for a points suspension as laid out below.

DUI/DWI Points Penalties

A DWI in Maryland carries eight (8) points, and a DUI in Maryland carries twelve (12) points. If you are convicted and do not receive a PBJ, you will have these points assessed against your license in your home state if they take part in the Driver's License Compact or "DLC" which will be reflected on your driver's license in the national driver registry.

Your home state could suspend or revoke your license based on these points on your driver's license in the national driver registry, and that will depend on how they handle points.

Interstate Driver's License Compact ("DLC")

Maryland is a member of the Driver's License Compact, or "DLC". According to the National Center for Interstate Compacts, the The Driver License Compact is an "interstate compact used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state."

Forty six of the fifty States in the US participate in the "DLC", only Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin do not participate.

The central theme of the compact is One Driver, One License, One Record. Maryland's participation in the DLC is the main reasoning behind why DUI convictions or PBJs are not expungeable, so that the State can easily share this information with other States you may reside or drive in.

Through the DLC, Maryland can receive a driving history from a member State at the time of your application for a Maryland Driver's License. Additionally, if you received a conviction out-of-state, that state is obligated under the terms of the Driver License Compact (DLC) to notify the Maryland Motor Vehicle Administration, or MVA. The MVA will then add applicable points to your license, which could result in your driver's license being suspended, and will show on your driving record.

Contact your home state department of Motor Vehicles

The next step after being charged with a DUI in Maryland will be to contact your State's motor vehicle licensing department to inquire about how the DUI charge would effect your privileges to drive in your home state. Each State handles suspension differently, so it's important to form a plan that takes into account your home State's suspension policy.

I need a DUI Lawyer

Finally, if you are facing a DUI charge in Maryland as an out of state driver, you need an experienced criminal defense attorney on your side. At FrizWoods, we take pride in the fact that we are one of Maryland's most accessible DUI defense law firms. Through our 24-hour attorney line, you can reach us any time of day, seven days a week to discuss your traffic violation in an attorney client priviledged conversation. If you've been charged with a dui in Maryland and live out of state, we can accomodate virtual consultations as well.

Experienced and knowledgeable attorneys Max Frizalone and Luke Woods have a deep understanding of the Maryland DUI process, and we will use our broad knowledge to provide you with the most effective DUI representation possible during our attorney client relationship. If you are in need of assistance with your Maryland DUI case, please contact us today to schedule a free initial consultation with one of our talented DUI defense attorneys.

Our practice spans the State, from Montgomery County, to Anne Arundel county, through Prince George's County and Howard County. We can help with a wide array of criminal offenses and help you avoid a conviction. We don't just specialize in Maryland DUI law, we can help with felony cases and assault cases as well.