Your license doesn't really transfer. It may be possible that MD will give you a new license if you apply for one. However, in the event that your VA license gets suspended, your MD license would eventually get suspended as well. I suggest that you hire a DUI attorney in VA, and follow their advice with respect to how to best handle your license situation. Best of luck.
Right now your license is not suspended in Virginia therefore you can transfer your license to Maryland. After court your license is more than likely going to be suspended so you are better off getting a Maryland license rather than a Virginia license since VA court cannot take away your Maryland license. The only thing the Virginia court can do is suspend your privileges to drive in Va. I will also need to know whether you need your license to drive into Virginia if so the issue is a little bit more complicated. I would suggest that you contact me since I practice DUI cases of both Maryland and VA. If you need my assistane you can reach me at 301-424-9200 ext. 12
If your license is valid in Virginia, you can get a Maryland license. However, if your driving privilege in Virginia is suspended (even after you get a Maryland license), you cannot drive in Maryland. It is illegal to drive in Maryland while your driving privilege is suspended in another state. A conviction in Virginia will also affect your Maryland license as you will be assessed points in Maryland for the conviction in Virginia since for DUI's the conviction and points transfer. This will result in a suspension or possible revocation in Maryland which will need to fight at an MVA hearing.
By law, once you have relocated your residence to Maryland for more than 60 days, you HAVE to obtain a Maryland license and turn in your out-of-state license, or you are deemed to be unlicensed in Maryland--even a valid out-of-state license is invalid in Maryland once you have resided here for the required time period. Therefore, your decision is made for you: you MUST get a Maryland license, as technically, you are driving illegally here right now. As far as a potential VA suspension, if VA suspends you, then MD will receive notice automatically, and will suspend your MD license in reciprocity under the interstate compact agreement in effect among nearly all the states in the US. MD will maintain the suspension until such time as the suspension is lifted in VA. Unlike MD, a judge in VA can take your VA license and suspend it at court, or if you do not then have a VA license, he/she can suspend your privilege in VA. In MD, only the MVA issues suspensions. They will send you a notice, and when they do, you may have options. be sure you have a lawyer represent you in VA.
Assuming you have not yet been convicted, Maryland doesn't know about the pending case, and you are otherwise eligible, they should allow you to get the MD license. However, be careful about the questions they ask you when you apply, because they may ask if you have a pending case. You don't want to lie because you could be charged with the criminal traffic offense of Making a False Statement.
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