Driving on a suspended license in Maryland is usually a misdemeanor, not a felony
In Maryland, driving with a suspended license is a misdemeanor for a first or second offense. You face up to 60 days in jail and a fine up to $500 for the first violation, or up to 90 days and up to $500 for the second. A third offense within five years becomes a misdemeanor with up to one year in jail and a fine up to $1,000. Felony charges are rare and only occur in specific circumstances — mainly if you have multiple convictions within a short period, or if you caused an accident that injured or killed someone while driving suspended.
The distinction matters because a misdemeanor stays on your record but does not carry the same long-term consequences as a felony. Still, any conviction for driving suspended will make your insurance more expensive, may result in additional license suspension, and creates a criminal record that employers and landlords can see.
Key Takeaways
- A first or second offense of driving on a suspended license in Maryland is a misdemeanor punishable by jail time up to 60 or 90 days and fines up to $500.
- A third offense within five years becomes a misdemeanor with up to one year in jail and a fine up to $1,000.
- Felony charges are uncommon and typically only explore if you have multiple convictions in a short timeframe or caused injury or death while driving suspended.
- Any conviction will extend your suspension period, increase insurance costs, and create a permanent criminal record.
Why your license gets suspended in Maryland
Maryland suspends licenses for several reasons. The most common are unpaid traffic fines, failure to pay child support, accumulating too many points from traffic violations, or a DUI conviction. If you receive a notice that your license is suspended, it will come by mail from the Maryland Motor Vehicle Administration (MVA). The notice tells you the reason and how long the suspension lasts.
Some suspensions are temporary — for example, a suspension for unpaid fines ends once you pay. Others are fixed-term, lasting anywhere from a few months to several years depending on the cause. It is important to understand which type you have, because driving during a suspension you could have resolved by paying a fine carries the same criminal penalty as driving during a suspension you cannot when ready fix.
What happens if you are stopped while suspended
If a police officer stops you and discovers your license is suspended, they will issue you a citation for driving with a suspended license. You will be given a court date. At that point, you have several options: you can pay a fine (if the court allows it without a hearing), request a hearing to contest the charge, or plead guilty and accept the penalty.
The officer may also impound your vehicle, depending on the reason for your suspension and whether you have prior violations. If your suspension was for unpaid fines or child support, you may be able to resolve the underlying issue before your court date, which can sometimes result in the charge being dismissed or reduced.
How prior convictions affect the penalty
Maryland law treats repeat offenders more harshly. A first conviction results in up to 60 days in jail and a $500 fine. A second conviction within a certain period brings up to 90 days in jail and a $500 fine. A third conviction within five years becomes more serious: up to one year in jail and a $1,000 fine.
The court also has discretion to impose additional penalties, such as extending your suspension or requiring you to complete a driver improvement program. If you have prior convictions for driving suspended, tell your attorney or public defender when ready, as this affects both the charges you face and your negotiating position with the prosecutor.
When driving suspended becomes a felony
Felony charges for driving suspended are uncommon in Maryland but do occur. You face felony charges if you cause an accident resulting in injury or death while driving on a suspended license, or if you accumulate multiple convictions within a very short timeframe (typically three or more within a few years, though the exact threshold depends on the prosecutor's discretion and the specific circumstances).
A felony conviction carries prison time of one year or more, substantial fines, and permanent consequences for employment, housing, and voting rights. If you are facing felony charges related to driving suspended, you need a criminal defense attorney when ready.
Steps to take if your license is suspended
First, confirm the reason for your suspension by contacting the Maryland MVA at 410-787-7758 or visiting their website. Ask how long the suspension lasts and what you must do to restore your license. If the suspension is for unpaid fines or child support, ask what amount is owed and whether you can set up a payment plan.
Second, do not drive during the suspension period. The legal risk is not worth it. If you need to drive for work or medical reasons, ask the MVA whether you are may be able to access for a restricted license, which allows driving only for specific purposes. Third, if you are stopped, remain calm, provide your documents, and do not admit to knowing your license was suspended — let your attorney handle that conversation.
Fourth, if you receive a citation for driving suspended, request a court date and bring any documentation showing you have resolved the underlying issue (paid fines, arranged child support payments, completed a driver improvement program, etc.). The court may dismiss or reduce the charge if you can show the suspension has been lifted or is in the process of being lifted.
Restoring your license after a suspension
The process depends on why your license was suspended. If it was for unpaid fines, you must pay the full amount or arrange a payment plan with the court. If it was for a DUI, you may need to complete a substance abuse program and pay a reinstatement fee. If it was for accumulating points, you must wait out the suspension period and then pay a reinstatement fee to the MVA.
The reinstatement fee in Maryland is typically $100 to $200, depending on the reason for suspension. Once you have resolved the underlying issue and paid the fee, you can request reinstatement through the MVA. Processing usually takes one to two weeks. Until your license is officially reinstated, you are still driving suspended if you get behind the wheel.
Frequently Asked Questions
Can I get a restricted license while mine is suspended?
Maryland allows restricted licenses in some cases, particularly if your suspension is for unpaid fines or points. A restricted license lets you drive to work, school, or medical appointments. You must request this from the MVA and show that you have a legitimate need. Not all suspension reasons may have access to.
What if I did not know my license was suspended?
Lack of knowledge is not a legal defense in Maryland. The MVA is required to send notice by mail, so the court assumes you received it. However, if you can show the notice was sent to an old address and you genuinely did not know, mention this to your attorney — it may help in negotiations with the prosecutor, though it will not eliminate the charge.
Does a driving suspended conviction affect my insurance?
Yes. Any conviction for driving suspended will increase your insurance rates significantly, sometimes by 50 percent or more. Some insurers may drop you entirely. This increase typically lasts three to five years from the conviction date. Getting the charge reduced or dismissed is one reason to fight it in court.
Can I get the charge dismissed if I restore my license before court?
Possibly. If you resolve the underlying issue (pay fines, complete a program, etc.) and restore your license before your court date, the prosecutor may agree to dismiss the charge. This is more likely if it is your first offense. Bring proof of reinstatement to court and ask the prosecutor about dismissal.
What is the difference between a suspended and revoked license?
A suspended license is temporary — it will be restored once you meet certain conditions or a time period passes. A revoked license is permanent and requires you to reapply for a new license, often after a waiting period and additional requirements. Revocation is more serious and typically results from multiple DUI convictions or serious traffic violations.