Handling an out of state conviction for DUI or DWI for a Maryland licensee

When a person gets convicted of a drunk driving (DUI or DWI) charge in a state other than Maryland, that state usually sends a notice of the conviction to the Maryland Motor Vehicle Administration (MVA). The MVA is then authorized to take action against the person’s driver’s license under a number of provisions.

Artilce IV of the Driver License Compact, allows Maryland to take action against the person’s driver’s license as follows:

Effect of Conviction

(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) As to any other convictions, reported pursuant to Article III, the licensing authority in the home state shall record the conviction on the individual’s driving record, but may not assess points for the conviction.

Md. Code Ann., Transp. § 16-703.

If a person receives 12 points within a two year period, and DUI carries 12 points, the MVA may revoke the person’s driver’s license. In addition, the driver may have his or her license revoked or suspended under Md. Code Ann., Transp. § 16-206(a)(1)(v) which provides that a driver may be revoked or suspended if the person “[h]as committed an offense in another state that, if committed in this State, would be grounds for suspension or revocation.”

The Administrative Law Judges (ALJs) who decide these cases have an enormous amount of discretion in deciding what sanction to impose. The ALJ can impose a sanction ranging from revocation to a reprimand (warning) and everything in between. This can include a restricted license for a month or two allowing only driving related to work, education, alcohol education, and medical purposes for the driver and family members. The ALJ may also impose a restriction requiring the driver to enroll in and successfully complete the Maryland Ignition Interlock System Program. Typically the driver presents mitigation evidence in the form of certificates of completion from alcohol education and treatment classes, and letters from an employer verifying a need for work related driving.

There is an important wrinkle, though. If the driver is revoked or suspended in another state at the time of the hearing, then the Maryland MVA is prohibited from issuing any license under Md. Code Ann., Transp. § 16-103.1. The timing of the hearing can be critical if the driver received a suspension of the privilege to drive in the state of conviction.

Another important consideration is that some states criminalize conduct that is not against the law in Maryland. For example, in Arizona and a few other states, it is illegal to drive with metabolites of controlled dangerous substances, such as marijuana, in the blood or urine, even though the person was not under the influence of the substance at the time that they were driving. A conviction under this provision may be reported to Maryland, and points assessed as if it was an alcohol violation. Under this circumstance the driver should not have received any points or an alcohol related conviction. Thus the ALJ should take “no action” and dismiss the MVA’s proposed revocation where the offense of conviction is not a crime in Maryland.

If you are facing criminal or traffic charges in Maryland state or
federal court, call Leonard R. Stamm of Goldstein
& Stamm, P.A. at 301-345-0122 for a free consultation.

Leonard R. Stamm
Goldstein & Stamm, P.A.
6301 Ivy Lane, Suite 504
Greenbelt, MD 20770
301-345-0122
(fax) 301-441-4652
www.dwiattorneymaryland.com
https://www.marylandduilawyer-blog.com
marylandduilaw@gmail.com

Author: West’s Maryland DUI Law

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