Does Maryland Know About Your DUI in Another State?

Driving under the influence (DUI) is very dangerous to the inebriated driver, pedestrians, and other drivers on the road with them. For this reason, law enforcement across all states takes driving under the influence very seriously. Driving under the influence is subject to criminal penalties, including fines, suspension or revocation of your driver’s license, and jail time.

If you were convicted of a DUI in another state, authorities in Maryland can find out if they care to look. There is a National Driver Registry that will have a record of your DUI. However, the state of Maryland cannot go after you unless your DUI in another state would violate the laws of the state of Maryland.

If you have questions or concerns about an out-of-state DUI, call Rice, Murtha & Psoras’s Baltimore DUI defense lawyers at (410) 694-7291 for a free analysis of your case.

The National Driver Registry and Driver’s License Compact

If someone in Maryland wishes to see whether you have a DUI on your record in another state, they need only know where to look. There is a National Driver Registry that has the name, date of birth, gender, license plate number, and state where the offense took place of individuals who have had their driver’s license suspended, revoked, or otherwise taken away from them. The database will not, however, have information about the specifics of your particular DUI situation.

The National Driver Registry does not actively report people with DUIs to the state they reside in. However, states that have signed onto the Drivers License Compact are each required to report DUI violations in their state back to the driver’s home state if they have an out of state license. This allows the home state to take action against the driver in their home state, such as license suspensions.

The Driver’s License Compact is an interstate agreement that puts obligations on all of the signatory states to report DUIs and similarly dangerous offenses to the driver’s home state and requires them to suspend the driver’s license back home as though the offense happened in the home state. However, the offense committed in another state must match up with the offense back home for the suspension to stick.

Driving While Influenced vs. Driving Under the Influence Inside and Outside Maryland

If you are convicted of driving under the influence in another state, that conviction can be treated as a prior offense in Maryland. You can also have your license suspended in Maryland as though the DUI happened in Maryland.

Maryland makes a distinction between driving while influenced (DWI) and driving under the influence (DUI). Both are serious crimes that can appear on the National Driver Registry, but for the purposes of Maryland law, they are distinct offenses. If the offense in another state would have qualified as DWI in Maryland rather than DUI, you could face a license suspension and other penalties (aside from fines and jail time) in Maryland as though you committed a DWI here. If it qualifies as a full-fledged DUI offense, then you would face those suspensions instead.

DWI is the operation of a motor vehicle with a blood-alcohol concentration of 0.07%. This is less than the legal limit of 0.08% for driving under the influence in Maryland. A DUI is driving with a BAC of 0.08% or higher.

Driving Under the Influence Laws in Maryland

Like all states, Maryland prohibits driving under the influence under Md. Code, Transp. Art., § 21-902. The penalties for driving under the influence are strict. For a first offense, the maximum penalty is up to one year in prison and fines of up to $1,000. For second offenses, the maximum fine is $2,000, and the maximum prison sentence is two years.

If you are convicted of DUI in another state, you will not face the fines and potential jail time in Maryland. However, you can face other consequences, such as suspension or points.

Culpability From DUIs in Other States

If you are convicted of a DUI in another state, It is considered a DUI in Maryland if the conduct would have been considered driving under the influence had it happened in Maryland per Md. Code, Transp. Art., § 21-902(e). For example, suppose that you were convicted of a DUI in another state with a BAC of 0.05%. This would not necessarily be a DUI in Maryland because the legal limit is 0.08% BAC. While you cannot be arrested or charged twice in Maryland for conduct that happened outside the state, out-of-state DUI convictions will count as Maryland convictions for the purposes of prior offenses. So, if you were convicted of a DUI in another state and then are convicted again in Maryland, that is considered a second offense, not a first offense.

Automatic Suspension in Maryland

Additionally, a conviction for driving under the Influence or a similar crime in another state will lead to a suspension of your license in Maryland. 47 states, including Maryland as well as the District of Columbia, have signed the Driver’s License Compact (DLC), which states that these states will report DUI convictions to the home state of the offender. So, if you are convicted of a DUI in another state, although the state of Maryland cannot convict you, they will find out, and your license will be suspended in Maryland.

Maryland Point Penalties for Driving Under the Influence

In addition to fines and prison sentences, you can also have your license revoked or suspended in Maryland if you are convicted of driving under the influence. Traffic violations have various amounts of “points” attached to them, and points can be assigned for out-of-state infractions if they would lead to a suspension of your license in Maryland. The specific amounts of points for each offense are outlined in Md. Code, Transp. Art.,§16-402.

For driving while impaired, you are penalized with 8 points, which is enough to have your license suspended. Driving under the influence is worth 12 points. This is enough to get your driver’s license revoked.

Having your license suspended or revoked can impact your life in a number of ways. For example, it may be more difficult to commute to work and hold down a job. Similarly, if your job requires a commercial driver’s license, that license can also be revoked, which will make you unable to continue working in that position.

Speak to Our Maryland DUI Defense Lawyers Today

To talk about your case for free, call Rice, Murtha & Psoras’s Ocean City, MD DUI defense lawyers at (410) 694-7291.