2018 Maryland Code
Title 16 - Vehicle Laws -- Drivers' Licenses
Subtitle 4 - Refusal, Suspension, and Revocation Under Point System
§ 16-404. Effect of accumulated points

  • (a) Action by Administration. -- The Administration shall take the following actions for points accumulated within any 2-year period:

    • (1) Send a warning letter to each individual who accumulates 3 points;

    • (2) Require attendance at a driver improvement program conducted under § 16-212 of this title by each individual who accumulates 5 points, except that a Class A, B, or C licensee who submits evidence acceptable to the Administration that he is a professional driver may not be called in until he accumulates 8 points; and

    • (3) Except as provided in § 16-405 of this subtitle:

      • (i) Suspend the license of each individual who accumulates 8 points; and

      • (ii) Revoke the license of each individual who accumulates 12 points.

  • (b) Administration to issue notice. --

    • (1) Except as provided in § 16-405 of this subtitle:

      • (i) If an individual accumulates 8 points, the Administration shall issue a notice of suspension; and

      • (ii) If an individual accumulates 12 points, the Administration shall issue a notice of revocation.

    • (2) Each notice shall:

      • (i) Be personally served or sent by certified mail, bearing a postmark from the United States Postal Service;

      • (ii) State the duration of the suspension or revocation; and

      • (iii) Advise the individual of his right, within 10 days after the notice is sent (Saturdays, Sundays, and legal holidays excepted), to file a written request for a hearing before the Administrator.

    • (3) Unless a hearing is requested, each notice of suspension or revocation is effective at the end of the 10-day period after the notice is sent.

  • (c) Duration of suspension. --

    • (1) Except as provided in paragraphs (2) and (3) of this subsection:

      • (i) An initial suspension may not be for less than 2 days nor more than 30 days; and

      • (ii) Any subsequent suspension may not be for less than 15 days nor more than 90 days.

    • (2) Subject to the provisions of paragraph (3) of this subsection, the following suspension periods may apply to a suspension for an accumulation of points under § 16-402(a)(28) of this subtitle for a violation of § 21-902(b) or (c) of this article or a suspension imposed under § 16-404.1(f)(1)(iii) of this subtitle:

      • (i) For a first conviction, not more than 6 months;

      • (ii) For a second conviction at least 5 years after the date of the first conviction, not more than 9 months;

      • (iii) For a second conviction less than 5 years after the date of the first conviction or for a third conviction, not more than 12 months; and

      • (iv) For a fourth or subsequent conviction, not more than 24 months.

    • (3) The Administration may issue a restrictive license for the period of the suspension to an individual who participates in the Administration's Ignition Interlock System Program under § 16-404.1 of this subtitle.

    • (4) This subsection does not limit the authority of the Administration to issue a restrictive license or modify a suspension imposed under this subsection.

  • (d) Minor driver with provisional license. --

    • (1) If the holder of a provisional driver's license who is under the age of 18 years accumulates 5 or more points in a 12-month period, the Administration shall suspend the individual's driver's license:

      • (i) For a first offense, for 6 months; and

      • (ii) For a second or subsequent offense, for 1 year.

    • (2) An individual subject to a license suspension under this subsection may request a hearing as provided for a suspension or revocation under Title 12, Subtitle 2 of this article.

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