When Can You Get a Restricted License After a DUI Charge in Maryland?

After a DUI charge in Maryland, you may be concerned about losing your driving privileges, especially if you rely on your vehicle for work or personal needs. Fortunately, in some cases, you may be eligible for a restricted license, which allows you to drive under specific conditions. However, there are certain criteria you must meet, and the process can be complex.

With over 30 years of experience, Attorney Hillel Traub brings a deep understanding of Maryland’s DUI laws and MVA hearing processes. As a former lawyer for the MVA, he can help you navigate the challenges  of obtaining limited driving privileges.

What is a Restricted License?

A restricted license in Maryland allows drivers who have had their license suspended or revoked due to a DUI charge to drive under limited conditions. This type of license is designed to give drivers the ability to continue their daily activities, such as commuting to work, going to medical appointments, or attending school, despite the suspension or revocation of their regular license.

However, not everyone who faces a DUI charge is eligible for a restricted license. Several factors affect whether you can qualify for one, including the severity of your charge, whether it is your first offense, and if certain conditions are met during your case.

Are You Eligible for a Restricted License After a DUI Charge in Maryland?

The eligibility for a restricted license after a DUI charge in Maryland depends on a variety of factors, such as:

First-Time DUI Offenders

If this is your first DUI offense in Maryland, you may be eligible for a restricted license. However, this is contingent on whether you were issued an Administrative License Suspension (ALS) after refusing to take a chemical test or failing the test. Maryland law allows first-time offenders to apply for a restricted license under certain conditions, which may include completing an alcohol education program and satisfying any ignition interlock device requirements.

Repeat DUI Offenders

For repeat DUI offenders in Maryland, obtaining a restricted license is more complicated. Repeat offenders face stricter penalties, and getting a restricted license after a second or subsequent DUI conviction typically depends on whether the court or the MVA grants it. Repeat offenders are often required to install an ignition interlock device for a specified period and may also have to meet other conditions, such as participating in substance abuse counseling or attending court-ordered classes, before being considered for a restricted license.

BAC Testing Refusal

Maryland imposes strict penalties on individuals who refuse to take a chemical test when requested by law enforcement. Your license may be automatically suspended if you refuse a breathalyzer or blood test after being arrested for DUI. However, in some cases, you can still apply for a restricted license if you meet specific requirements. Typically, you may be eligible for a restricted license only after serving a mandatory period of suspension, which can range from 120 days to one year, depending on your prior driving history.

Severity of the DUI Offense

Charges that involve aggravating factors, such as high BAC levels, involvement in an accident, or having a child passenger in the vehicle, may limit your ability to obtain a restricted license. These factors can lead to harsher penalties, including longer suspension periods and additional requirements before you can apply for a restricted license.

How to Apply for a Restricted License in Maryland

Before applying for a restricted license, you must understand the duration of your suspension or revocation period. In many cases, installing an ignition interlock device is a requirement to qualify for a restricted license. This device is installed on your vehicle and requires you to blow into it to test for alcohol before starting the car. If your BAC is over a set limit, the vehicle will not start. The interlock device serves as a safeguard to ensure that drivers are not operating their vehicles while intoxicated.

If the court or the MVA orders you to complete an alcohol education program or treatment course, you will need to do so before you can apply for a restricted license. These programs are typically designed to help individuals understand the risks of impaired driving and address potential alcohol or substance abuse issues.

Once you have met all the requirements, including completing any necessary programs and installing an interlock device, you can submit your application for a restricted license to the Maryland Motor Vehicle Administration. Be prepared to provide the MVA with all necessary documentation, such as proof of interlock installation and completion of any required programs.

Return to Driving After a DUI Charge with a Maryland Restricted License

If you are facing challenges due to a DUI charge in Maryland, The Law Office of Hillel Traub may be able to assist you in securing a restricted license. With over 30 years of experience handling DUI-related cases, including those requiring MVA hearings, Attorney Hillel Traub understands the complexities of Maryland’s laws and processes. As a former lawyer for the MVA, he has the knowledge necessary to help you navigate the requirements for a restricted license.

Taking the next step toward resolving your case is as simple as reaching out for help. Don’t let a DUI charge disrupt your life more than it already has. Call (410) 580-1100 or contact us to discuss your options today.