Changes to Maryland’s DUI Laws Coming October 1, 2024 –Mandatory Ignition Interlock & Expungement of DUI PBJs

Jun 3

Maryland passed important legislation that will go into effect on October 1, 2024, that will affect some people charged with DUI-related offenses in Maryland. These changes affect driving under the influence of alcohol – not driving under the influence of a controlled substance or driving under the influence of a combination of alcohol and a controlled substance.

Expungement:

Some DUI charges are now eligible for expungement. Previously, DUI-related offenses were not eligible for expungement unless the charge was dismissed, the accused was acquitted, or the case was placed on the STET docket. So unlike other criminal charges, a person who received a probation before judgment (PBJ) would be ineligible to expunge their case, even though a PBJ is not a conviction under Maryland law.

The change in the law now allows a person to expunge a DUI where they received a PBJ 15 years “after the date the petitioner was discharged from probation.” Md. Crim. Pro. § 10-105(c)(2)(II). The new law only applies to charges under Md. Trans. Code Ann. § 21-902(a) and (b) for driving under the influence of alcohol. If the charge is a subsequent offense, or if the charge involved controlled substances other than alcohol (Md. Trans. Code Ann. § 21-902(c) or (d)), expungement is still not permissible. Similarly, if the person is convicted of a subsequent offense, other than a minor traffic violation, within 15 years after their discharge for probation from a DUI, they will be prohibited from expunging the charge.

Ignition Interlock:

The ignition interlock program is now required for anyone who is convicted of or receives a PBJ for an alcohol-related DUI offense (§ 21-902(a) and (b)), or for anyone whose license is suspended for an accumulation of points for an alcohol-related DUI offense. Previously, courts had discretion whether to order ignition interlock in most cases for a person who received a PBJ for driving under the influence of alcohol.

An ignition interlock device is a small breathalizer that is connected to a vehicle’s ignition to stop a driver from starting their car if the breathalizer detects alcohol. The device must be professionally installed by one of the Maryland Motor Vehicle Administration’s approved interlock providers. The list of approved providers can be found by clicking HERE. A person must participate in the ignition interlock program for 6 months for a first offense, one year for a second offense, and three years for a third or subsequent offense. The clock begins to run once the driver brings proof of installation of the device to the MVA.

Once the MVA receives proof of installation of the ignition interlock device, the driver will be issued an interlock-restricted driver’s license. The driver is only permitted to drive a vehicle fitted with the ignition interlock device and will incur criminal and monetary penalties for failing to comply with the license restriction.

It is important to consult an experienced criminal defense attorney if you have been charged with a DUI to protect your rights and advise you throughout the process.

Morgan E. Leigh

Morgan E. Leigh focuses her practice on protective orders, peace orders, domestic violence, and criminal cases in Maryland and Washington, D.C. She has trial experience in multiple local Maryland counties and Washington, D.C. She is also barred in Maryland and Washington, D.C. federal courts.