Tuesday, September 6, 2011

DUI or DWI Arrest in Maryland but you have a driver's license from another state?

What happens if you have been charged with driving under the influence (DUI) or driving while impaired (DWI) in Maryland but you possess a license from another state?  There are two parts to a DUI or DWI in Maryland, the administrative consequences and the criminal consequences.

When you're pulled over for DUI or DWI in Maryland and you either take the alcohol test and the results are greater than 0.08 or you refuse to submit to an alcohol or drug test and you receive the notice of suspension then there are consequences for your "privilege" to drive in Maryland.

The police officer will probably return your license to drive for your state where you are licensed.  However, there are administrative consequences in Maryland for the alcohol reading or refusal.  Your privilege to drive in Maryland will be suspended on the 46th day and if you are stopped during that suspension period, the police will issue a driving on suspended ticket.

If you plan on driving in Maryland after a DUI or DWI arrest then your privilege to driver in Maryland will be suspended on the 46th day in accordance with Maryland laws.  That means, although you have a valid out of state license, your privilege to drive in Maryland will be suspended and if you are pulled over then you will receive a ticket for driving on suspended privilege to drive.  You can drive in the other 49 states, but you cannot drive in Maryland for the period of suspension.

If you have an out of state license and you plan on staying and driving in Maryland during your suspension period, then you need to visit a MVA office and apply for a Maryland license.  You will then have to surrender the license, request a hearing and with the assistance of an experience attorney, seek a restricted license to drive.  You could also accept the suspension and after the 46th day, you could not drive for the respective time of your suspension.

If you have received a DUI or DWI in Maryland and you are from another state, then you need to contact the Law Offices of G. Randolph Rice, Jr., LLC at 410-288-2900 to discuss your options.  There are consequences even if you still have a valid license from another state.  However, we can request a hearing with the MVA and attempt to obtain a restricted license for your privilege to drive in Maryland.


Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222-1747
410-288-2900

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