Driving Without a License vs. Suspended License in Maryland

 Posted on November 16, 2025 in English

Maryland drivers often confuse driving without a license with driving on a suspended license, assuming that both are minor traffic violations. In truth, the difference between the two is significant. While one is treated as a less severe misdemeanor (often only a paperwork violation), the other can lead to jail time, heavy fines, points on the driving record, and an extended suspension.  

If you have been charged with either of these crimes, you must understand the legal differences between the two. A Montgomery County, MD criminal defense lawyer can zealously defend you against charges that could potentially harm your future.

What is Driving Without a License in Maryland?

Under Maryland Transportation Article Section 16-101, driving without a license could mean the driver has never been issued a valid license by Maryland, and can also include situations where a person’s license expired and was not renewed. A new Maryland resident who has not yet switched his or her out-of-state license could be ticketed for driving without a license.

A driver who has misplaced his or her physical license, or a young adult who has not yet applied for a license, could receive a citation for driving without a license as well. Driving without a license can usually be favorably resolved with the right legal strategy. If the driver obtains a valid driver’s license before his or her court date, the charges are often reduced or dismissed entirely. Driving without a license in Maryland is a misdemeanor offense with a maximum penalty of up to 60 days in jail and $500 in fines.

What is Driving on a Suspended License in Maryland?

Under Maryland Transportation Article Section 16-303, driving on a suspended license is a much more serious offense. If a driver is driving on a suspended license, it generally means the driver received notification of the suspension and drove anyway. A license suspension may result from a failure to pay fines, a missed court date, a safety-related violation, or a DUI.

If the suspension was for failure to appear or pay a fine, it is generally treated less harshly, although jail is still a possibility. However, if the suspension is for safety reasons (excessive speed or reckless driving) or alcohol-related offenses, the penalties are likely to be much more severe. Penalties can include up to one year in jail, up to $1,000 in fines, points on the driver’s record, and additional suspension time tacked onto the end of the current suspension.

What are the Differences Between Driving Without a License and Driving on a Suspended License?

The primary difference between driving without a license and driving on a suspended license is intent. Driving with a suspended license requires proof that the driver knew or should have known about the suspension, while driving without a license does not. The penalties are harsher for driving on a suspended license because the law generally assumes that a driver deliberately drove knowing his or her driver’s license had been suspended.

A conviction for driving on a suspended license can result in an even longer suspension, while driving without a license will not result in suspension. Judges and prosecutors largely see unlicensed driving as a compliance issue that can be easily fixed, while driving on a suspended license is seen as defying an MVA or court order.  

Common Defenses to Driving on a Suspended License

A defense attorney may argue that the driver was unaware of the suspension because the MVA notice was mailed to an outdated error, or that the MVA made an administrative error in suspending the driver’s license. The driver may have legitimately believed his or her driver’s license was reinstated or valid. If the traffic stop that led to the charges lacked reasonable suspicion, the case may be dismissed.  

Contact a Prince George’s County, MD Traffic Offenses Attorney

When you choose an experienced Montgomery County, MD criminal defense attorney from Law Offices of Mallon Snyder, your rights, your record, and your ability to legally drive will be aggressively protected. Attorney Snyder is available 24/7 and has 45-plus years of legal experience. Call 301-762-7500 to schedule your free consultation. Habla Español.