Points on a Driver’s License: An Often-Overlooked DUI Penalty
Under the recently passed Maryland HB388, Maryland drivers convicted of DUI now face stiffer penalties in the form of 12 points assessed against the driver’s license by the Motor Vehicle Administration. When most of us think about the consequences of a DUI, we focus on fines, possible jail time, and the loss of driving privileges. With this new increase in points for a DUI conviction, this also becomes a major consequence.
Twelve points on your driver’s license result in a license revocation, increased insurance premiums that can last for years, and mandatory driver improvement programs. Losing one’s driving privileges in our mobile society can be devastating.
Public transportation may not accommodate the commute to and from work, taking children to school, and running the many errands most of us face on a regular basis. If you are facing DUI charges, the best step you can take is to speak to a knowledgeable Silver Spring, MD DUI lawyer who will work to minimize the adverse consequences.
How Points Work in Maryland
Once you have a conviction for a vehicle-related violation in Maryland, the District Court will notify the Motor Vehicle Administration (MVA) of the violation, and points will be added to your driving record. If you receive 3-4 points during a two-year period, you will receive a warning letter. Five to seven points will require enrollment in a Driver Improvement Program. Eight to 11 points will result in a notice of suspension, and when you have accumulated 12 or more points, you will receive a notice of license revocation.
- One-point offenses include failure to yield right-of-way, failure to obey a flashing traffic signal, passing on the right where not permitted, texting while driving, failure to defer to a pedestrian in a crosswalk, and much more.
- Two-point offenses include failure to stop at a red light, tailgating, passing an emergency vehicle with its lights on, exceeding the posted speed limit by 10-19 mph, and more.
- Three-point offenses include driving on a suspended license, failure to stop for a school bus with activated lights, and more.
- Five-point offenses include driving a motor vehicle on a highway without a license, allowing an unlicensed driver to drive your vehicle, failure to report a motor vehicle accident, driving more than 30 mph over the posted speed limit, and more.
- Currently, DWI is an eight-point offense. Twelve-point offenses include driver’s license fraud, driving on a suspended or revoked driver’s license, vehicle theft, and DUI. DWI involves a BAC of 0.07 percent or higher, while DUI involves a BAC of 0.08 percent or higher.
Points for each infraction stay on your record for two years unless you request a hearing to contest the points.
What Are the Most Common Defenses to DUI Charges?
There are many different defenses to DUI charges that could potentially save you money, collateral consequences, points on your driver’s license, and the loss of your license. While your DUI attorney will tailor your defense specifically to the facts and circumstances of your arrest, some of the most common defenses to DUI charges include:
- Breathalyzer inaccuracies
- Errors in field sobriety tests
- Lack of probable cause to pull you over
- Miranda violations
- Medical conditions that affect BAC
- Involuntary intoxication
- Insufficient evidence
A good legal defense can reduce or avoid points on your license as well as many other adverse outcomes, including an inability to obtain employment. Your DUI attorney can request an MVA hearing, help you enroll in a driver improvement program, and assist you in taking steps to restore your clean driving record.
Contact a Montgomery County, MD DUI Lawyer
If you are facing DUI charges, having the charges reduced or receiving a not-guilty verdict can make a significant difference in the long-term penalties. Speak to a highly skilled Silver Spring, MD DUI attorney from The Law Offices of Gerstenfield & Demirji, PC. to get the experienced assistance you need.
We have excellent relationships with local prosecutors and judges, which benefits your case. Our attorneys are warm, compassionate, and aggressive when necessary, and are available 24/7. Call 301-589-9500 to schedule your free consultation. We are fluent in Arabic and Spanish.





