Tuesday, March 21, 2017

Ithaca DWI Lawyer: Maryland Driver's License with a New York DWI?


We represent lots of out-of-state drivers. That means we have to help them figure out how their New York State DWI charges will impact their out of state driving privileges. Remember that every state is different. We have even seen that some counties within states DMV (department of motor vehicles) handle license issues differently. So in this blog post I wanted to update Maryland license issues and New York DWI charges.


What exactly happens in MD with a New York DWI?

Depending Upon the Type of DWI and the Consequences in New York Will Then Determine Maryland License Penalties



So first off I want to say that Maryland is not going to impose any further criminal court penalties upon an out of state DWI charge. Any penalties that are license related are called administrative punishments. A license is NOT a right, it is a privilege. And privileges are subject to conditions and rules above and beyond your constitutional rights. Maryland will levy license penalties ONLY.

NOTE: The Maryland DMV is called the MVA (motor vehicle administration).

1. Your Maryland driving privileges will likely be affected by a New York DWI.

The real question is how much they will be affected by the NY charges. New York demands an IID (ignition interlock device) for at least six months on any first time DWI. New York has a six month license revocation on every first time DWI. When this goes from the NYS DMV computer to the Maryland computer then MD has to honor New York and suspend MD privileges. If NYS revokes for six months then MD will likely do the same. It is called "full faith and credit clause." One state honors the other state's punishment.

Maryland MVA judges can do everything from a reprimand (no suspension) and allow you to get a restricted aka work license to a full on hard suspension (no license).

2. What can you do about a Maryland License suspension from a NYS DWI?

Well after having spoken to some MD DUI lawyers the best plan is a three pronged approach:

I. Complete the Maryland 12 hour DUI school ASAP. 

The program used to be given in a weekend but must now be taken over a six week time frame at two hours per week. Doing this program early can only help in a number of ways:

First, it can be submitted to the NYS DMV for a request of reciprocity with the New York DMV IDP (impaired driver program). This can be used to request a conditional driver's license privilege from NYS.

Second, if NYS DMV accepts this program in lieu of the NYS IDP (impaired driver program) then NYS has in their records that you have partial driving privileges. Remember that NYS requires a conditional license and an IID installed to drive a car to drive in New York. An MD MVA judge will look favorably upon this proactivity.

This information was taken from the Maryland AEP: Alcohol Education Program (I have adjusted/added to the MD program information)


12-Hour Alcohol Education (AEP) Program Requirements

The 12-Hour Alcohol Education Program (AEP) is an instructional program intended to provide rehabilitation for individuals convicted of driving under the influence of alcohol (DUI) or driving while intoxicated (DWI). You may have been assigned to the AEP for one of the following reasons:
 You were referred by a District Court judge (or NYS DWI judge);
You were referred by an Administrative Law Judge in the Office of Administrative Hearings (OAH) you will receive a letter of a MD hearing with a ALJ concerning your MD license sometime after your NYS DWI is resolved;
You applied for a new driver’s license after your original license was revoked due to an alcohol-related incident (after NYS revokes New York driving privileges and MD is likely to suspend).
If you are required to attend an AEP, the MVA will send you a referral letter. The letter will provide instructions for arranging a preliminary alcohol assessment and attending an alcohol education program. (you have already had an assessment for NYS but MD may want one of their own).
 The results of the alcohol assessment will determine if you are considered an alcohol abuser or alcohol dependent. If you are identified as either an alcohol abuser or alcohol dependent you will be required to successfully complete the longer, 26-week Alcohol Treatment Program, which incorporates the 12-hour AEP curriculum.
 What do I have to do if I must attend a 12-Hour Alcohol Education Program (AEP)? If you are not identified as either an alcohol abuser or alcohol dependent, you will be required to successfully complete only one 12-Hour AEP.
These are the things you must do:
 You must contact an AEP provider to sign-up for one of the sessions offered.
The program must begin within 90 days from the due date printed in the top right hand corner on your referral letter;
You must take the referral letter to your AEP session;
If you misplace your letter and need a duplicate referral letter to take to class, please visit an MVA branch office or contact the Driver Improvement Programs Unit in the Driver Wellness and Safety Division. If a branch office is contacted, the branch representative will contact the Driver Improvement Programs Unit which will print the duplicate letter. The letter will be available at the counter or will be faxed or mailed to you within 24 hours.
Upon successful completion of the AEP session, you will receive a letter verifying your completion from the program provider.

Go to the following website to find the appropriate Maryland DUI course (First Time Offender is 0.5 Early Intervention DWI education) in your MD county:

http://bha.dhmh.maryland.gov/Pages/Maryland-Certified-Treatment-Directory.aspx

called "Level(s) of Care: Level 0.5 -- Early Intervention - DWI Education"

II. Take your NYS license suspension/revocation as soon as possible after the completion of your DWI sentencing. 

Having the six month suspension time run out before it reaches MD is the goal. Then MD DMV will send you a letter for your Maryland license hearing. You will want to stretch out the time for this suspension hearing to allow time for the NYS suspension time to run.

III. Discuss with a Maryland DUI lawyer what Proof can be presented at the MD license hearing in your matter. For Maryland to grant a restricted driver's license it is best to be proactive early.

The following evidence is very helpful to get a restricted license by the MD administrative judge:

Proof of completion (or enrollment) in the Maryland DUI school, proof of ignition interlock device installation, and proof of submitting paperwork to New York for a conditional driving privilege will all help in seeking a MD restricted license.

Since Maryland is NOT as harsh on most first time offenders with an IID then proof of the compliance may go a long way with the MVA judge at the hearing. MD considers less than a .15 BAC to be on the lower side of BACs. If your test BAC was low that is another argument for leniency with license issues.

In the worst case scenario, Maryland DMV will give a hard suspension following NYS. So New York revokes for six months, then MD can revoke for the same time period with NO driving privileges.

The best case scenario, Maryland DMV will give restricted privileges while you are serving your NYS license revocation with the mandatory six months of the IID (ignition interlock device).

Disclaimer for Maryland Licensed Drivers:

We are NOT licensed in the state of Maryland to practice law or to give legal advice for Maryland. This is merely educational advice in regards to New York DWI charges and what might potentially be helpful to do in the state of Maryland for those licensed in that state.

We advise all people with Maryland license issues to discuss their problems with a Maryland licensed attorney. There will be letter from Maryland MVA following an out of state (New York) DWI charge advising you of a hearing with an ALJ (administrative law judge). Speak to an MD lawyer before attending a license hearing.