Maryland Drivers License Hardship Law

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.


Inside Maryland Drivers License Hardship Law