How to Get Your License Back After a DUI in Maryland

In Maryland, Driving Under the Influence (DUI) is a criminal traffic violation that happens when a person operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Under Maryland DUI laws, a conviction may lead to significant penalties, including incarceration, fines, and the suspension or revocation of a driver's license. The Maryland Motor Vehicle Administration (MVA) is responsible for issuing, suspending, and reinstating driving privileges.

Step 1: Know the Terms of Your Suspension

Parties must first know how long the MVA has suspended their license before they try to reinstate it. The length of a license suspension in Maryland depends on how often the driver has committed a DUI violation. Drivers may have their license suspended for 180 days for a first-time DUI offense of failing a breathalyzer test. A subsequent offense may result in a suspension of up to one year.

If a driver refuses to take a chemical test, the MVA typically suspends their license for 270 days for a first offense and two years for a second offense. Meanwhile, underage drivers with any amount of alcohol in their system typically have their license suspended for a year. Commercial drivers typically have their Commercial Driver's License (CDL) disqualified for one year if caught driving under the influence of alcohol. If convicted a second time, they may face a lifetime suspension.

Step 2: Fulfill Court and DMV Requirements

Individuals convicted of a DUI offense have to meet the requirements set out by the court and the MVA before they may get their license back. In Maryland, the court and the Motor Vehicle Administration act separately when handling DUI cases. The court focuses on criminal penalties, including jail time, fines, probation, and mandatory enrollment in alcohol education or treatment programs.

Meanwhile, the MVA serves mainly administrative functions. They impose punishments like license suspensions and ignition interlock requirements. A court and an MVA suspension are different and must be addressed individually. For example, even if the court acquits a driver, the MVA may still enforce an administrative suspension if the person fails or refuses a breathalyser test.

Step 3: Complete a DUI Education or Treatment Program

According to Maryland DUI laws, drivers convicted of a DUI are required to complete an alcohol education or treatment program as a condition for reinstating their license. The District Court or Administrative Law Judge of the Office of Administrative Hearings may mandate this program. First-time offenders must enroll in a 12-hour Alcohol Education Program (AEP), which provides rehabilitation for persons convicted of a DUI or DWI.

If a person fails to attend their AEP-assigned classes, their driving privileges will typically be revoked. Also, if they commit repeat offenses, the court or MVA may require a longer-term treatment plan, lasting several weeks or even months.

Program costs vary depending on the provider and the level of intervention required. Participants must enroll through a state-approved provider, and the MVA maintains a list of certified providers. Completion of the program is verified by a certificate, which must be submitted to both the court and the MVA to show compliance. Failing to complete the program or submit proof may delay or block reinstatement.

Step 4: Get SR-22 Insurance or Equivalent

SR-22 is a financial document you attach to your main motor vehicle insurance policy proving you carry the minimum required liability insurance. This document is required for drivers with a high risk due to a past DUI conviction.

Maryland requires SR-22 insurance if a person's license has been revoked or if they are applying for a restricted license after a DUI. Parties should contact your insurer and request that they file an SR-22 form with the MVA. You may need to switch companies if your provider does not offer SR-22 filings. In Maryland, you must maintain SR-22 insurance for three years from the date of reinstatement.

Step 5: Pay Reinstatement Fees

In Maryland, a person must pay the reinstatement fees before they may reinstate their license. It costs $150 to reinstate both a CDL and a non-CDL that was revoked or suspended due to drug—or alcohol-related offences.

Different payment methods are available to people who have to pay reinstatement fees. They include:

1. Online: Through the MVA's payment portal
2. In person: At any MVA branch office (credit/debit card, check, cash, or money order)
3. By mail: Send payment to the MVA Driver Services Division with identifying information

Step 6: Submit Your License Reinstatement Application

If a person's license has been suspended due to a DUI conviction, they may have their license reinstated after a specified period. A reinstatement application must be followed by specific documents depending on the gravity of the violation. For example, suppose an individual was involved in two or more alcohol/drug incidents during any period, the MVA may ask them to submit evidence of satisfactory participation in a certified alcohol treatment program for at least 90 days.

A minimum amount of time must pass before a person may request to reinstate their license. This heavily depends on how many times the MVA or the court has revoked their license:

• One revocation: 6-month waiting period
• Two revocations: 12-month waiting period
• Three revocations: 18-month waiting period
• Four or more revocations: 24-month waiting period

Once a person has met reinstatement requirements, they may start their application by creating a MyMVA account to securely submit their documents directly to the MVA. The department typically reviews the applicant's driving record for insurance and child support violations and any other issues that prevent them from applying for reinstatement. If the MVA finds any problems and rejects the application, it typically sends a letter to the applicant explaining why the MVA cannot reinstate their license.

After the applicant has completed their application and paid the required fees, parties may upload it to their MyMVA account or email their application to the Driver Wellness and Safety Division. The division is located at:

Driver Wellness and Safety Division
6601 Ritchie Highway
Glen Burnie, MD 21062

What If You're Denied License Reinstatement in Maryland?

The MVA may deny a person's license reinstatement application for several reasons, including failure to complete a DUI program, lack of SR-22 insurance, unpaid fines, or new violations. If denied, a driver may appeal the decision by an administrative hearing through the Maryland Office of Administrative Hearings (OAH).

Although there is no specified timeline for submitting a request for an appeal, it must be done within a reasonable time after the person has been notified of the refusal. The request must also be in writing and mailed to the office at:

Maryland Office of Administrative Hearings
11101 Gilroy Road
Hunt Valley, MD 21031

Hardship Licenses: Driving with Limited Privileges

Maryland offers a restricted or hardship license that allows limited driving for essential purposes. This means a person with a hardship license may only drive for reasons related to work, school, or medical care. The MVA determines who is eligible for a hardship license and requires participation in the Ignition Interlock Program.

To apply, a person must:

• Serve part of their suspension.
• Enroll in the Ignition Interlock Program.
• Maintain SR-22 insurance.

If a person violates the terms of their hardship license, the MVA typically revokes their driving privileges.

How Long Does It Take to Get Your License Back After a DUI?

The timeline for reinstating a driver's license after a DUI or DWI in Maryland depends on a driver's history of offense and how well they have complied with all legal and administrative requirements. For instance, a first-time offender typically gets their license back after they have completed their 180-day suspension, served out the waiting period, and applied for their license reinstatement.