What Maryland charges you for driving on a suspended license

Driving with a suspended license in Maryland is a criminal offense, not a traffic citation. A first offense carries a fine of $100 to $500 and up to 60 days in jail. A second offense within ten years brings a fine of $500 to $1,000 and up to three months in jail. A third or subsequent offense within ten years results in a fine of $1,000 to $2,000 and up to one year in jail.

These are the baseline penalties. The actual sentence depends on why your license was suspended, whether you caused an accident, and the judge assigned to your case. If you were driving with a suspended license because of unpaid traffic fines or a failure to appear in court, the judge may impose additional penalties on top of the suspension violation itself.

Maryland also imposes a mandatory surcharge on top of any fine. The surcharge is $100 for a first offense, $200 for a second offense, and $300 for a third or subsequent offense. This surcharge goes to the Motor Vehicle Administration (MVA) and is separate from court costs.

Key Takeaways

  • A first offense for driving with a suspended license in Maryland carries a $100 to $500 fine and up to 60 days in jail, plus a $100 surcharge.
  • A second offense within ten years increases the fine to $500 to $1,000 and jail time to up to three months, plus a $200 surcharge.
  • The reason your license was suspended affects sentencing — suspension for unpaid fines or failure to appear carries harsher penalties than suspension for medical reasons.
  • A conviction creates a criminal record, which can affect employment, housing, and insurance rates for years after the offense.
  • Maryland courts may order you to pay restitution if your driving caused property damage or injury to another person.

How Maryland determines which penalty applies to you

Maryland courts use the reason for suspension to set the severity of the penalty. If your license was suspended for a medical reason — such as a seizure disorder or vision loss — the court may impose a lighter sentence or recommend a probation-before-judgment (PBJ) outcome, which avoids a conviction if you complete probation successfully.

If your license was suspended for unpaid fines, failure to appear in court, or accumulation of points, the court treats the offense more seriously. The judge will also consider whether you were driving for work, whether you caused an accident, and whether you have prior criminal history. Driving with a suspended license to get to a medical appointment may result in a different outcome than driving to work when you knew your license was suspended.

The judge has discretion within the ranges set by law. This means two people convicted of the same offense can receive different sentences. Having a lawyer present at your hearing increases the chance of a lighter sentence or a PBJ outcome.

Criminal record consequences that extend beyond the courtroom

A conviction for driving with a suspended license creates a permanent criminal record in Maryland. This record appears on background checks for employment, housing applications, and professional licensing. Many employers, landlords, and licensing boards treat criminal convictions as disqualifying, even if the offense is years old.

Insurance companies also see the conviction and typically raise your rates or drop your policy entirely. If you need to reinstate your license after suspension, you may be required to carry high-risk insurance (SR-22 coverage), which costs significantly more than standard coverage and must be maintained for a set period.

A conviction also counts toward your driving record for future suspensions. If you accumulate additional points or violations, you may face a longer suspension or a permanent revocation of your license.

What happens to your license after conviction

Conviction does not automatically extend your suspension — the suspension period was already set by the MVA before you were charged. However, the court may order an additional suspension on top of the original one. This additional suspension typically lasts 6 to 12 months for a first offense, 12 months for a second offense, and up to 18 months for a third or subsequent offense.

To reinstate your license after the suspension ends, you must pay a reinstatement fee to the MVA. The fee is $100 for a first suspension, $150 for a second suspension, and $200 for a third or subsequent suspension within a ten-year period. You may also need to pass a written test or vision test, depending on the reason for the original suspension.

If your license was suspended for unpaid fines or failure to appear, you must resolve those issues before the MVA will reinstate your license, even after the suspension period ends and you pay the reinstatement fee.

Probation before judgment and how to request it

A probation before judgment (PBJ) is a court outcome that allows you to avoid a conviction if you meet certain conditions. If the judge grants a PBJ, the charge remains on your record but is not treated as a conviction for most purposes — employers and housing providers typically do not see it, and you can legally say you were not convicted of the offense.

To request a PBJ, you or your lawyer must ask the judge at your hearing. The judge has full discretion to grant or deny the request. Factors that increase your chances include a clean prior record, a valid reason for driving (medical emergency, work necessity), and evidence that the suspension was due to an administrative error or oversight rather than willful violation.

If the judge grants a PBJ, you will be placed on probation for a set period, usually 6 to 12 months. During probation, you must not be charged with any new offense. If you complete probation without incident, the charge is dismissed and you have no conviction. If you are charged with another offense during probation, the judge can revoke the PBJ and impose the original sentence.

Fines, surcharges, and court costs you will owe

The total cost of a driving-with-suspended-license conviction includes the fine, the surcharge, and court costs. Court costs in Maryland typically range from $50 to $150, depending on the district court handling your case. Some courts also impose a victim services surcharge of $25 to $50, even though there may be no direct victim.

If you cannot pay the fine and costs when ready, you can ask the judge for a payment plan. The judge may allow you to pay in installments over several months. However, if you fail to make payments, the court can issue a warrant for your arrest or refer the debt to a collection agency.

If the offense resulted in property damage or injury to another person, the judge may order you to pay restitution to the victim in addition to the fine. Restitution is separate from the fine and is meant to compensate the victim for actual losses — medical bills, vehicle repair costs, lost wages, and so on.

How to respond if you are charged with this offense

If you are stopped and charged with driving with a suspended license, you have the right to refuse to answer questions beyond providing your name, address, and license information. Do not admit that you knew your license was suspended — anything you say can be used against you in court.

Request a court date in writing within 10 days of the citation. Appearing in court gives you the chance to contest the charge or negotiate a plea agreement with the prosecutor. If you do not appear, the judge can convict you in absentia and issue a warrant for your arrest.

Hiring a lawyer is strongly recommended. A lawyer can review the police report for errors, challenge whether the officer had legal grounds to stop you, negotiate with the prosecutor for a reduced charge or a PBJ, and present mitigating evidence to the judge. Many lawyers offer payment plans, and some cases may may have access to for a public defender if you cannot afford a lawyer.

Frequently Asked Questions

Can I get a hardship license while my license is suspended?

Maryland offers a restricted license (sometimes called a work permit) for certain suspensions, such as those for unpaid fines or failure to appear. You must request it from the MVA and show that you need to drive for work, medical treatment, or court-ordered purposes. A restricted license does not cover all driving — only the specific purposes approved by the MVA. Driving outside those purposes is still a violation.

What if the officer made a mistake and my license was not actually suspended?

If your license was not suspended at the time you were stopped, the charge should be dismissed. Your lawyer can obtain your driving record from the MVA to prove this. However, you must raise this defense in court — it does not automatically dismiss the charge. Bring documentation showing your license was valid on the date of the stop.

Does a conviction for driving with a suspended license affect my CDL?

Yes. If you hold a commercial driver's license (CDL), a conviction for driving with a suspended license can result in a CDL suspension or disqualification, depending on the circumstances and your prior record. This can end your career as a professional driver. Consult a lawyer when ready if you hold a CDL and are charged with this offense.

Can I get the conviction removed from my record later?

Maryland allows expungement (removal) of certain charges, but driving with a suspended license is not automatically may be able to access. However, if you received a PBJ and completed probation successfully, you can petition to expunge the charge. If you were convicted, expungement is not available unless the conviction is later overturned on appeal. A lawyer can advise whether your specific case qualifies.

What if I was driving someone else's car and did not know my license was suspended?

Lack of knowledge is not a defense in Maryland. The law holds you responsible for knowing the status of your own license. However, if you can show that you made a reasonable effort to check your license status and the MVA failed to notify you of the suspension, you may have grounds to challenge the charge. This is a difficult defense and requires documentation of your efforts to stay informed.