Drivers Hardship License Law – General – Maryland

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

§ 16-405 and § 16-205.1 provide for issuing hardship licenses.

2. Is an agency hearing required before a hardship license is issued?

Under 16-205.1, a person must file an appeal of suspension with the Director of the Division of Administrative Adjudication of the Administration.

3. Do prior offenses prevent me from obtaining a hardship license?

A restricted license under § 16-205.1 may not be granted if the licensee has had a license suspended under that section during the past 5 years or the licensee has been convicted under § 21-902 of this article during the past 5 years.

4. What are the requirements for getting a hardship license?

Under § 16-205.1 the Administration may modify a suspension under this section or issue a restrictive license if:

(i) The licensee did not refuse to take a test;
(ii) The licensee has not had a license suspended under this section during the past 5 years;
(iii) The licensee has not been convicted under § 21-902 (DUI) of this article during the past 5 years; and
(iv) The licensee is required to drive a motor vehicle in the course of employment;
(v) The license is required for the purpose of attending an alcoholic prevention or treatment program; or
(vi) It finds that the licensee has no alternative means of transportation available to or from the licensee’s place of employment and, without the license, the licensee’s ability to earn a living would be severely impaired.

In addition to the authority to modify a suspension or issue a restrictive license under paragraph (1) or (4) of this subsection, the Administration may modify a suspension under this section or issue a restrictive license, including a restriction that prohibits the licensee from driving or attempting to drive a motor vehicle unless the licensee is a participant in the Ignition Interlock System Program established under § 16-404.1 of this title, if:

(i) The licensee did not refuse to take a test;
(ii) The licensee has not been convicted under § 21-902 (DUI) of this article; and
(iii) The license is required for the purpose of attending:

(a) A noncollegiate educational institution as defined in § 2-206 (a) of the Education Article; or
(b) A regular program at an institution of postsecondary education.

If the licensee refused to take a test, the Administration may not modify a suspension under this section or issue a restrictive license except as provided under paragraph (4) of this subsection.

In addition to the authority to modify a suspension or issue a restrictive license under paragraph (1) or (2) of this subsection, the Administration may modify a suspension under this section or issue a restrictive license to a licensee who participates in the Ignition Interlock System Program established under § 16-404.1 of this title for at least 1 year.

§ 16-405 states that if the suspension or revocation of a license would affect adversely the employment or opportunity for employment of a licensee, the hearing officer may:

(1) Decline to order the suspension or revocation; or
(2) Cancel or modify the suspension or revocation.

5. Does a mandatory revocation make you ineligible for restricted driving privileges?

A mandatory suspension for will not make you ineligible if it was not for a DUI related offense within the past five years.

6. Can minors receive limited driving privileges?

There is no exclusion for minors receiving restricted driving privileges under the restricted license statutes.