Driving on a Suspended License in Maryland

Grounds for license suspension and the penalties for driving on a suspended license

Driving on a Suspended License in MarylandThe Maryland Department of Motor Vehicle Administration (MVA) has the legal authority to temporarily suspend your driving privileges for a number of reasons:

  • Accumulation of 8 or more points on your driving record
  • Failure to pay a fine related to a traffic citation
  • Conviction for driving under the influence or while impaired

The penalties for operating a motor vehicle when your license has been suspended

Whether the suspension was appropriate or the result of a mistake, whether you intentionally drove with a suspended license or were unaware of the suspension, the state of Maryland can impose severe sanctions. You could face anywhere from two months to a year in jail, pay a $1,000 fine, or both. You also can expect points added to your driving record.

Experienced Baltimore County Traffic Court Defense Attorney

Attorney Jonathan Scott Smith has provided sound counsel to people facing traffic court challenges in Baltimore and across Maryland for more than 35 years. He’s been listed as a Top-Rated Lawyer by The American Lawyer magazine and earned AVVO’s prestigious Client’s Choice Award, with an average of 5 stars(the highest rating possible) in all client reviews. Attorney Smith also has earned a perfect 10.0 (Superb) rating as a litigator from AVVO. Long named a Maryland SuperLawyer, he’salso AV-rated by other lawyers under Martindale-Hubbell’s Peer Review System.

Attorney Smith takes an aggressive approach to criminal defense, looking at the actions of law enforcement officers throughout the process. He’ll confirm whether there was probable cause to pull you over and whether you were properly notified of your constitutional rights. He’ll conduct a thorough investigation, talking to witnesses, reviewing police reports, and traveling to the scene of the traffic stop, if appropriate.

Proven Maryland Criminal Defense Lawyer

Contact experienced Maryland criminal defense attorney Jonathan Scott Smith by email or call 410-740-0101 to set up an appointment. We handle drug possession prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

The Importance of Motor Vehicle Administration (MVA) Hearings

If you have been arrested on a Maryland DUI/DWI you must act quickly to avoid losing your license. An experienced criminal law attorney can help you challenge an automatic license suspension through a Motor Vehicle Administration hearing.

The MVA Process

If you have been charged with a DUI/DWI, you have 10 days from the date of your arrest to request an MVA hearing to retain your driving privileges until the hearing date. If you fail to request an MVA hearing within that 10-day period, your driver’s license is automatically suspended. Although you may represent yourself at the MVA hearing, having an attorney knowledgeable in the license suspension process improves your chances of maintaining some or all of your driving privileges.

An administrative law judge (ALJ) conducts the hearing and reviews all the evidence against you from the arresting officer and hears testimony regarding your arrest. You are also allowed to present evidence and give testimony on your behalf. You may also present witnesses, who are subpoenaed to testify on your behalf.

After reviewing all the presented evidence, the ALJ makes a final decision on the following issues:

  • Was probable cause established by the arresting officer?
  • Was proper procedure followed by the arresting officer?
  • Did the defendant submit to or refuse a chemical test?

If the ALJ decides the evidence warrants your license suspension, then the license suspension is upheld. In the case of a suspension, you may be eligible for a restricted permit. If the ALJ decides in your favor, your license is reinstated.

If you have been charged with a DUI/DWI, you should retain an experienced attorney who understands the Maryland administrative hearing process. Contact Jonathan Scott Smith online or call us at 410-740-0101 to discuss your MVA hearing.


  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101