Will I be able to get a restricted drivers license in Maryland?

I was charged with a second DUI in Florida in August of 2009. I wasn't convicted until April 2011. I have taken all classes, counseling, probation, and have done everything required by the state of Florida following my conviction. I was even granted permission by a Florida DMV judge to enter into Florida's Special Supervision Services program in order to obtain a restricted drivers license for the remainder of my 5 year revocation period. Before I was able to enter the program I found out that I was moving to MD. When I asked them what I could do to be able to drive in MD I was told that I would have to fly to Florida at least once per month to remain in the program. That isn't possible for me. Is there any other way to obtain a restricted license here in MD?

Hyattsville, MD -

Attorney Answers (3)

Mark William Oakley

Mark William Oakley

Criminal Defense Attorney - Rockville, MD
Answered

I am not familiar with the Florida program, but generally, Maryland will not grant you any privilege to drive inconsistent with what any other state has imposed upon you, such as a restriction, suspension or revocation; therefore, if Florida revokes or suspends your privilege for any reason, then Maryland will follow suit under the reciprocity statute (there is an interstate compact signed by the states which requires each state to honor any other state's license suspensions and revocations). Perhaps a Florida attorney has had some experience with this issue, and has successfully negotiated or arranged some form of out-of-state compliance. Maryland will allow you to voluntarily agree to a work restricted license, but if the Florida program requires in-person appearances for supervision purposes, then I do not see a solution on Maryland's end. Maryland's MVA has no similar supervision program. However, if the supervision in Florida is not through the DMV, but is with a probation agent, then supervised probation can be transferred to Maryland. It is possible the issue could be resolved by filing a motion with the original Florida sentencing judge, and seeking to modify the probation terms to release you from the DMV supervision, but again, you would need Florida counsel on this question.

Richard Stefan Lurye

Richard Stefan Lurye

DUI / DWI Attorney - Rockville, MD
Answered

Contact a Florida attorney with extensive DUI/DMV experience before you commit to moving. Your current restricted driving privileges means that your general right to drive is currently suspended and that you have been given limited driving privileges during this suspension period. You will not be eligible for a Maryland license while your privileges are suspended in Florida. Further, Maryland requires that you surrender your current out of state (Florida) license when you apply for a Maryland license. Maryland then returns your Florida license to the Florida DMV with the explanation that you have surrendered your Florida license in order to obtain a Maryland license. This will probably result in termination of your current program unsatisfactorily and, depending on the terms of your probation, will result in a violation of your DUI probation. Finally, you must obtain a Maryland license once you permanently move to Maryland -- you cannot simply drive in Maryland on your Florida license for an indefinite period of time.

This is not legal advice it is general information intended to guide you to speak directly with a lawyer who is... more
Leonard R Stamm

Leonard R Stamm

DUI / DWI Attorney - Greenbelt, MD
Answered

It is highly unlikely you will be able to get a license in Maryland for 5 years, until your Florida license shows no restrictions. Maryland would probably consider your Florida restricted license as a suspension. Maryland law requires no suspension in this any other state to issue a Maryland driver's license. You can call the Maryland MVA to find out for sure what they see on your Florida license.

The information contained in this answer is provided for informational purposes only, and should not be construed... more

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