What is a DUI/DWI hardship license, and who is eligible to apply for one in Maryland?A DUI/DWI hardship license, also known as a “restricted license,” is a permit that allows a person who has been convicted of driving under the influence or driving while impaired to drive between certain specified destinations, such as the person’s home, work, school, and medical appointments. It is typically used to allow a person to maintain their employment, educational pursuits, and family responsibilities in the face of a suspended driver’s license.
In Maryland, an applicant must submit an Application for Alcohol Restriction (MS-FR-59) to the MVA. The applicant must be at least 21 years old and have served at least 15 days of their DUI/DWI suspension. The applicant must show proof of an ignition interlock system installed on any vehicle they will operate and provide proof of liability insurance. Generally, the license is valid for three months and may be renewed if the applicant continues to meet all requirements.
What are the specific conditions or circumstances that may lead to a hardship license in Maryland?In Maryland, the Motor Vehicle Administration (MVA) will consider granting a hardship license if an individual is at least 15 years old, has had their license revoked or suspended due to a traffic violation or other offense, and demonstrates “compelling reasons of hardship” that necessitate the need for a restricted license. Compelling reasons may include medical needs, educational needs, or employment needs.
Are there different requirements for first-time offenders compared to repeat offenders in Maryland?Yes, there are different requirements for first-time offenders and repeat offenders in Maryland. For example, first-time offenders may only be required to pay a fine or perform community service, while repeat offenders may face harsher penalties such as jail time. Additionally, repeat offenders may be subject to longer periods of probation and be required to attend substance abuse or other treatment programs.
How long is a driver’s license typically suspended before applying for a hardship license in Maryland?In Maryland, a driver’s license may be suspended for up to 45 days before applying for a hardship license.
What are the restrictions and limitations of a hardship license in Maryland?1. The applicant must be at least 15 years and 6 months of age.
2. The applicant must have a valid Maryland driver’s license or a valid out-of-state driver’s license from their home state.
3. The applicant must have completed any required alcohol/drug treatment program, and have written proof of completion.
4. The applicant must demonstrate a hardship or need to drive (such as work, school, medical appointments, etc).
5. The applicant must not have been convicted of a drug or alcohol related offense within 3 years of the hardship request.
6. The applicant may only drive for certain purposes (such as work, school, medical appointments, etc.) and is not allowed to drive for recreational purposes.
7. The applicant may only drive during certain hours and days of the week that are determined by the court.
8. The applicant must agree to additional restrictions and/or requirements that the court may impose in order to obtain a hardship license.
Can individuals with a hardship license drive at any time of day or night in Maryland?No. According to the Maryland Motor Vehicle Administration (MVA), those with a hardship license are only allowed to drive between 5:00 a.m. and 9:00 p.m. Monday through Friday, and from 5:00 a.m. to 1:00 a.m. on Saturday and Sunday.
Is there a mandatory waiting period before applying for a hardship license in Maryland?Yes, there is a mandatory period of either 45 or 90 days before applying for a hardship license in Maryland, depending on the type of violation.
Do individuals need to complete any rehabilitation or treatment programs to qualify for a hardship license in Maryland?Yes, individuals who are applying for a hardship license in Maryland must complete a rehabilitation or treatment program as approved by the Maryland Motor Vehicle Administration. The program typically requires the individual to attend an alcohol and drug education program and sometimes follow up counseling sessions.
Are there additional fees or costs associated with obtaining a hardship license in Maryland?No, there are no additional fees or costs associated with obtaining a hardship license in Maryland.
Can commercial driver’s license (CDL) holders obtain hardship licenses in Maryland?No, commercial driver’s license (CDL) holders are not eligible to obtain a hardship license in Maryland. Maryland does not offer hardship licenses.
What documentation and evidence are required when applying for a hardship license in Maryland?When applying for a hardship license in Maryland, applicants must provide the following documentation and evidence:
• A signed and completed Application for Hardship License
• Proof of identity, such as a driver’s license or state-issued ID card
• Proof of address, such as a utility bill
• A copy of the suspension or revocation order issued by MVA
• Documentation indicating the need for the license (i.e. letters from employers, school or church)
• Proof of enrollment in an approved alcohol/drug abuse program, if applicable
• A valid medical referral from your primary care physician, if applicable.
Are hardship licenses subject to ignition interlock device (IID) requirements in Maryland?Yes, hardship licenses in Maryland are subject to ignition interlock device (IID) requirements. Maryland requires all drivers with a suspended license to install an IID in their vehicle before they can receive a hardship license.
Can individuals with a hardship license drive out of state in Maryland?No, individuals with a hardship license in Maryland may only drive within the state, and may not drive out of state.
What happens if a driver violates the terms and conditions of their hardship license in Maryland?If a driver violates the terms and conditions of their hardship license in Maryland, the Motor Vehicle Administration (MVA) may suspend or revoke the license. The driver may also face other penalties, including fines, jail time, suspension or revocation of their regular driver’s license, and/or additional points on their driving record.
Is there a difference in hardship license eligibility for underage drivers in Maryland?Yes, there is a difference in hardship license eligibility for underage drivers in Maryland. Under Maryland law, underage drivers (under the age of 21) may be eligible to apply for a hardship license if they have been suspended for an alcohol-related offense or if they have been driving without a license or with a suspended license. The Maryland Motor Vehicle Administration (MVA) requires underage drivers to attend an alcohol awareness program before they can be issued a hardship license.
How does a hardship license affect insurance rates in Maryland?The exact impact of having a hardship license on insurance rates in Maryland is not known. However, it is likely that having a hardship license may lead to a higher insurance premium due to the fact that the individual has demonstrated a higher risk of getting into an accident or being involved in an at-fault incident.
Are there specific procedures for appealing a hardship license denial in Maryland?Yes, the Maryland Motor Vehicle Administration (MVA) has specific procedures for appealing a hardship license denial. An individual may file an appeal by submitting an administrative review request to the MVA within 30 days of the notification of denial. The individual must include their name, address, driver’s license number, and a statement of why they believe their hardship license should be granted. The MVA will review the appeal and make a decision based on the information provided in the request.
Do hardship licenses have any impact on future DUI/DWI charges or penalties in Maryland?No, hardship licenses do not have any impact on future DUI/DWI charges or penalties in Maryland. However, if a driver is convicted of a new DUI/DWI offense while driving with a hardship license, their license will be revoked and they may be subject to more severe penalties.
Are there resources or organizations that provide guidance on obtaining a hardship license in Maryland?Yes, there are a few resources and organizations that provide guidance on obtaining a hardship license in Maryland. The Motor Vehicle Administration (MVA) offers resources for obtaining a hardship license, including information about the process, eligibility, and required documents. Additionally, nonprofit organizations such as Maryland Volunteer Lawyers Service (MVLS) provide guidance on the process of obtaining a hardship license in Maryland. Finally, legal aid programs in Maryland may also provide assistance and resources for applying for a hardship license in the state.
What steps are required to transition from a hardship license back to a full, unrestricted license in Maryland?1. Complete the probation period for the hardship license.
2. Pay any required fines and fees.
3. Attend any required alcohol or drug classes, such as a MVA approved driver improvement program.
4. Submit a request for a new license to the Motor Vehicle Administration (MVA).
5. Take and pass a vision test at the MVA, if required.
6. Take and pass the written, road signs and road skills tests at the MVA, if required.
7. Have your picture taken and pay any applicable fees to the MVA for the new license.