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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1804
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I am facing losing my drivers license for at least 1 ...

Resolved Question:

I am facing losing my driver''s license for at least 1 year due to implied consent refusal for dui in PA. I am wondering if I can get a MD license before by suspension occurs mid Sept and if it would be valid after my PA suspension.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
The short answer is that it is not legal to obtain a driver's license in another state to avoid a suspension in your home state. In fact, it is not legal to have driver's licenses in two different states at all (you have to surrender the first when you get the second).

Both Pennsylvania and Maryland (as well as 45 other states and the District of Columbia) have joined the Interstate Drivers License Compact, by which their DMV's exchange information on license suspensions, so if you try to do this, it will almost certainly be discovered. And you could be opening yourself up to more problems because the application for a new license is going to ask if you have one in another state ... if you say no, you will be committing another crime.

Even if you do somehow obtain a MD license without surrendering your PA license, when the PA license is suspended, the MD license will not be valid.

In Pennsylvania, it is a violation to "display" (show to a cop who stops you) an out-of-state driver's license while the PA license is suspended. (PA Vehicle Code section 1573) The fine for doing so is $200.

And, if you drive in PA and are stopped, a record check will show that your PA license is suspended and you will be charged with driving on a suspended license. (PA Vehicle Code section 1543) The penalty for this is a fine of $1000 and a jail sentence of not less than 90 days.

The best thing you can do is consult with a good local attorney to try to minimize the consequences of this incident.

Jim Reilly
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