Maryland uses a “points system” to track and record any traffic-related criminal convictions for all licensed drivers. The Maryland Motor Vehicle Administration (“MVA”) is in charge of the points system and is in routine contact with the Maryland traffic courts to obtain information on convictions. About forty (40) States in the U.S. use a points system like the one used in Maryland.

Certain traffic-related convictions will result in points being added to your current driving record. Each set of points added will remain “active” for two years and then will drop into what might be called an “archive” category. That is, “old” points will no longer endanger your driver’s license, but will still be visible to the MVA, law enforcement and the courts. 12 points added in a two-year period is the number at which your driver’s license will be revoked. Different actions are taken at lower numbers. When/if you reach 3 to 4 points, you receive a warning letter from the MVA. From 5 to 7 points, you will be required to attend classes with a Driver Improvement Program provider. From 8 to 11 points, you will receive a notice of suspension and at 12 points or higher, you will receive a notice of revocation. Suspension is usually for several months while a revocation lasts for a year or more.

Points are assessed based on the seriousness of the traffic violation. At the lower end, 1 point is assessed for things like a broken tail light or failing to fully stop at a stop sign. 2 points are added for exceeding posted speed limit by 10 to 19 miles per hour and three 3 points are added after conviction for going around a school bus which is loading or off-loading school kids when its red lights are flashing.

At the other end of the spectrum are driving while intoxicated (“DWI”) and driving under the influence (“DUI”) charges and convictions. A DWI conviction will add eight (8) points to your license and a DUI conviction will give you a full complement of 12 points, meaning an automatic revocation of your driver’s license. Md. Transport. Code, § 16-402. A DUI is generally defined in Maryland as meaning that the person charged had a blood alcohol concentration (“BAC”) of 0.08% or higher. A DWI is generally defined to mean driving when the BAC is between 0.04% and 0.08%.

If you have received a notice of suspension or revocation, you have basically three options. First, you can accept the penalty. In that case, you must mail or personally deliver your driver’s license to the MVA.

Second, within 15 days of the notice, you can request a hearing to contest the MVA action. While your hearing is being scheduled, you are still allowed to drive. In many cases, the hearing is unlikely to succeed, but is done to delay the start of the suspension/revocation.

Third, you inquire about programs that might allow you to retain some driving privileges like voluntarily participating in an ignition interlock program.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.