Upcoming Changes to Maryland’s DUI Laws Effective October 1, 2024
Maryland is set to implement new legislation on October 1, 2024, affecting individuals charged with alcohol-related DUI offenses. These changes do not apply to DUI offenses involving controlled substances or a combination of alcohol and controlled substances.
Expungement of DUI Charges:
Certain DUI charges will now be eligible for expungement. Previously, DUI-related offenses could not be expunged unless the charges were dismissed, the accused was acquitted, or the case was placed on the STET docket. Unlike other criminal charges, those who received a probation before judgment (PBJ) for a DUI could not expunge their case, even though a PBJ is not considered a conviction under Maryland law.
Under the new law, individuals can expunge a DUI where they received a PBJ 15 years after completing probation. The new law specifically applies to charges under Md. Trans. Code Ann. § 21-902(a) and (b) for driving under the influence of alcohol. However, expungement remains unavailable for charges involving controlled substances (Md. Trans. Code Ann. § 21-902(c) or (d)) or for subsequent offenses. Furthermore, individuals convicted of any subsequent offense, other than minor traffic violations, within 15 years of their discharge from DUI probation will be prohibited from expunging the charge.
Mandatory Ignition Interlock Program:
The ignition interlock program will become mandatory for anyone convicted of or receiving a PBJ for an alcohol-related DUI offense (§ 21-902(a) and (b)), as well as for individuals whose licenses are suspended due to an accumulation of points from alcohol-related DUI offenses. Previously, courts had discretion over ordering ignition interlock devices for individuals who received a PBJ for driving under the influence of alcohol.
An ignition interlock device is a small breathalyzer connected to a vehicle’s ignition system, preventing the car from starting if alcohol is detected on the driver’s breath. The device must be installed by a Maryland Motor Vehicle Administration (MVA) approved provider. Approved providers can be found on the MVA website. Participation in the ignition interlock program is required for 6 months for a first offense, one year for a second offense, and three years for a third or subsequent offense. The participation period begins once the driver provides proof of device installation to the MVA.
Upon receiving proof of installation, the MVA will issue an interlock-restricted driver’s license. Drivers are only permitted to operate vehicles equipped with the ignition interlock device and will face criminal and monetary penalties for non-compliance with the license restriction.
Consulting an experienced criminal defense attorney is crucial for those charged with a DUI to protect their rights and receive proper guidance throughout the process.
