Going on vacation or out of town for a business trip can be exciting and stressful at the same time. There’s so much that can go wrong while you are away from your Maryland home. For example, you might wind up being pulled over by a police officer in Delaware, North Carolina or New Jersey and arrested on suspicion of driving under the influence (DUI).
If this is the case, you are likely wondering what will happen to your Maryland-issued driver’s license. This can be a serious problem that should not be ignored. Here’s how your Maryland driver’s license will be affected if you are arrested for DUI in another state.
The Maryland Courts Have No Jurisdiction
The most important thing to note when arrested for DUI outside of Maryland is that the Maryland courts have no jurisdiction over your case or the charges levied against you. This means that the case cannot be transferred to your home state. Instead, you will still need to fight the charges and appear in the court that is assigned your case in the state where the arrest occurred. That’s why it is important to provide your correct mailing address so the court appearance notices arrive and you do not miss a court date, which can lead to a bench warrant for your arrest.
Suspension of License in State Where Arrested
If you are arrested for suspicion of DUI in a state other than Maryland, you will likely see your driver’s license suspended in that state almost immediately. You very well could have a small window to appeal the suspension, but oftentimes, the license will be suspended right away. This means that you will not be allowed to drive only in the state where the arrest occurred. So, if you are on your way back to Maryland, you will be able to drive once you return to Maryland.
Suspension of License in Maryland
Eventually, a report will be submitted to the Maryland Motor Vehicle Administration by the state that arrested you for DUI. Upon receipt of this report, the Maryland MVA will determine whether or not your driver’s license will be suspended in Maryland. For the most part, if the offense you committed in another state would have led to a suspension in Maryland, your license will be suspended, and you will not be able to drive anywhere.
How to Get Your Driver’s License Reinstated
When dealing with an out-of-state DUI charge, you will want to have your license reinstated as soon as possible. If the appeal for the suspension failed, you will need to serve the entire length of the suspension as ordered by the MVA in Maryland and the DMV that governs the state where the offense occurred. Once the suspension is complete, you will need to apply to have your driver’s license reinstated.
Depending on whether this is your first offense or second offense, you might be required to enroll in an alcohol or DUI safety program. You might also be required to install an ignition interlock device in your vehicle. These could be terms you have to follow on top of the suspension of your license.
Once it is time to reapply for license reinstatement, you will need to do so in Maryland and the state where the arrest occurred. This comes with a fee, so be prepared to shell out a couple hundred dollars for each reinstatement application. Just know that if you do not pay the required fines or fees and fail to complete a mandated alcohol program, the suspension will not be lifted even when it was scheduled to end.
Every DUI suspension is reported to the National Driver Registry no matter where the offense occurred. This means that if you move to a state other than Maryland or the state where you were arrested for DUI, the DMV in that state will check the registry to see if you have a DUI conviction and license suspension on your record.
Arrested for DUI Outside of Maryland? Consult with an Experienced Criminal Defense Attorney
Were you arrested for a DUI in a state other than Maryland? If so, it is imperative that you consult with an experienced criminal defense attorney immediately. Fellner Law represents clients who have been charged for DUI. Your freedom is at stake and you do not want to lose your driver’s license for any period. Call our office at 301-309-2000 to schedule a consultation today.