Mandatory Ignition Interlock for “All” in Maryland

On October 1, 2024, a new law went into effect that requires any driver who is found guilty of a driving impaired by alcohol or driving under the influence of alcohol to participate in the ignition interlock program for a minimum of six months.   The new law makes participation in the interlock program mandatory even if the driver in court receives a probation before judgment (PBJ) disposition in Court.   This new law amends various sections of 16-404.1 of the Maryland Transportation.  Be advised that his article should not be relied upon as legal advice for any specific situation.  If you have a pending DUI charge in Maryland we recommend you call to speak to our criminal defense team, David Martella and Raquel Smith.     Below is more information about this new law.

A probation before judgment disposition means that, although there were enough facts to the find the defendant guilty (or the defendant admitted guilt), the Court does not enter the outcome of the case as a “conviction.”     Because a PBJ is not a conviction, a person who gets a PBJ for a driving while impaired or driving while under the influence offense, does not get the 8 or 12 license points that are normally associated with those charges.  To be clear, a PBJ  disposition for an alcohol related driving offense, is not without consequences.  Depending on the facts of the case a judge may impose supervised probation.   The judge can also order the defendant to complete a wide variety of tasks while on probation including, counseling, AA meetings, MADD victim-impact meetings, community service, mental health treatment, and even jail time.   And if the judge feels it is appropriate, judge can even order the defendant to install the ignition interlock device on his or her car months or years.   

Regardless of what a judge orders (or does not order_ in court, the new law makes participation in the interlock program mandatory.

First, some good news.  Under current Maryland law, most persons charged with DUI are compelled to install the interlock before they even go to court.   If the driver took a breath test and failed it, the MVA will require the defendant to choose between (1) a minimum 6 month license suspension, or (2) driving with the interlock device for at least 6 months.   Similarly, a person who refused to take a breath test at the time of arrest, may have to choose between a minimum 9 month suspension or a minimum 12 month term driving with the interlock device.    Therefore, by the time most DUI defendant’s get to court, they already have the interlock installed in their vehicles.    Under this new law, the MVA is supposed to give the driver credit for any time that the defendant had the interlock on his or her vehicle before court.   For example, if a defendant had the interlock on his vehicle for the six months prior to going to court, the MVA is supposed to give that defendant credit for any interlock requirement he is supposed to do before court.    One problem is that the staff and lawyers at the MVA do not always understand and apply the law correctly or fairly.   Sometimes we have to go to hearings force the MVA to apply the law correctly. 

On terrible aspect of this law requires the defendant to be suspended from driving, until he or she completes the required minimum interlock term.   There is currently no option to accept a limited 6 months of 12 month suspension to avoid putting the interlock in a vehicle. This law will only punish lower income individuals, and innocent people who have nothing to do with the original offense.   For example, if someone does not have a car, his or driver’s license will be suspended until the individual gets a car and installs the interlock on it.   For example, we can imagine a woman driving her drunk boyfriend home, in her boyfriend’s car because she felt she was fine to drive that night.   She may not own her own car.   If she gets a PBJ in court for driving impaired, her license will be suspended until she buys or leases a car and install the interlock.  Then she has to spend a few hundred dollars to have the device installed, and then pay for the monthly fee (usually around $100). We have had many clients who would rather take a suspension and take the bus to work because they do not have the extra money to fund interlock providers.

Additionally, people who travel for business and rent cars at their destinations, will not be able rent cars for at least six months.  That is because rental agencies will not rent vehicles to persons who are required to install the interlock on their personal vehicles.

Sometimes the DUI offender is a young adult who lives at home with his or her parents.  In many cases, the parents tell their sone or daughter: “No driving for you; you can just have your licenses suspended for the six months or a year so you learn a lesson.”   With this new law, the young driver cannot simply ride out a suspension.   At some point, he or she will have to install the interlock in a vehicle for a minimum of six months.    If not the young person will be suspended indefinitely.  To avoid this, mom and dad will have to give  their son or daughter a car to drive for six months with the interlock.    In the alternative, mom or dad may have to install the interlock on their own car and allow their son or daughter to use that car.   Under the old law, the young driver was punished because he or she had to go without a license for six months, and often, 12 months.  Under the new law, the parents get punished because if they ever want junior to drive (for a job, to help drive siblings, to help with chores), they will need to get junior a car get the interlock installed.