Maryland Ignition Interlock DUI Law Changes Coming in October

 Posted on September 30, 2024 in DUI Defense

Maryland recently passed DUI legislation set to go into effect on October 1, 2024. The changes in the new law may affect many Maryland residents facing DUI offenses in the state. Those who are charged with driving under the influence of a controlled substance will not be affected by these new laws.

Only those charged with a DUI that involves driving while under the influence of alcohol are potentially affected. If you have been charged with a DUI in the state of Maryland, you must take these charges very seriously, as the penalties can be harsh. Having an experienced Towson, MD DUI attorney by your side from beginning to end can help you have the most positive outcome possible.

Ignition Interlock Changes to Maryland Law

As of October 1, anyone who has been convicted of an alcohol-related DUI offense, received Probation Before Judgment for an alcohol-related DUI offense, or had his or her license suspended as a result of points accumulation for an alcohol-related offense will be required to participate in the ignition interlock program.

Probation Before Judgment is an option in Maryland that allows defendants to avoid a formal conviction. This allows them to maintain a clean record and mitigate the long-term consequences of a criminal charge. The ignition interlock is a device that is connected to the person’s vehicle ignition.

The ignition interlock device, which is like a small breathalyzer, has a monthly fee that the driver must pay. The driver must blow into the device before starting the vehicle. If alcohol is detected, the vehicle will not start. The device must be installed by an approved interlock provider under the MMV Administration. You can find a list of the approved providers on the Motor Vehicle Administration website.

The ignition interlock program lasts six months for a first offense, one year for a second offense, and three years for a third or subsequent offense. When proof of installation of the interlock device is received by the MVA, the clock begins. After approval of the device, the driver will receive an interlock-restricted driver’s license. This means that if the driver is caught driving a vehicle without an interlock device, he or she could face criminal and monetary penalties.  

Changes in Expungement Under the New Maryland Law

Under the new law, some DUI charges will now be eligible for expungement. DUI-related offenses were not previously eligible for expungement unless the case was placed on the STET docket, dismissed, or the accused was acquitted. This meant that a person receiving Probation Before Judgment was ineligible to expunge their charges, even though a PBJ is not considered a conviction.

A DUI (only alcohol-related offenses) may now be expunged after the date the petitioner is discharged from probation for driving under the influence. If the charge is a subsequent offense or involves a controlled substance, expungement is not an option. If the person is convicted of a subsequent offense (other than a minor traffic violation) within 15 years from his or her discharge for probation from a DUI, no expungement is allowed.

Contact a Baltimore County, MD DUI Lawyer

Attorney Kirk Seaman is a trusted ally for those facing DUI charges. When you choose a Towson, MD DUI attorney from Kirk Seaman, LLC, you can be sure that we understand how overwhelming it can be to face DUI charges. We are committed to offering clear guidance and strong defense strategies while protecting your rights and your future.

You need a DUI attorney who is aggressive, trustworthy, and experienced and who is available 24/7. You will get all that and more when you call 410-837-6077 to schedule your free consultation, during which Attorney Kirk Seaman will discuss your case and provide options.