Maryland changed its DUI laws on October 1, 2024, with new requirements for ignition interlock devices and the ability to expunge some DUI charges. Here is a rundown of the changes.

Mandatory ignition interlocks

A new provision of “Noah’s Law” recently became effective, closing what many considered a dangerous loophole in Maryland’s DUI legislation. Noah’s Law is named after Officer Noah Leotta, a Montgomery County police officer who was killed by a drunk driver while on duty in 2015. Noah’s Law intends to improve road safety by holding DUI offenders accountable and reducing the likelihood of repeat offenses through ignition interlock devices.

An ignition interlock device is a camera that links a vehicle’s ignition system to a tool that prevents a vehicle from starting if a driver’s breath alcohol concentration (BAC) is over a certain limit. In Maryland, the threshold is .025. A driver is required to blow into a mouthpiece connected to the interlock device before the car starts, and additional retests will be required while the vehicle is driven.

Under Noah’s Law, ignition interlocks must be installed for individuals convicted of:

  • DUI (Driving Under the Influence): BAC of 0.08% or higher.
  • DWI (Driving While Impaired): BAC of 0.07% or higher.
  • Drivers who refuse to take a breathalyzer test.

The law requires various durations for the use of ignition interlock devices based on the offense and any prior convictions:

  • Six months for first-time offenders
  • One year for a second offense
  • Three years for third or subsequent offenses

Noah’s Law closed the loophole that had allowed DUI offenders receiving PBJs to avoid installing an ignition interlock device. Previously, ignition interlocks did not apply to those on PBJ and were only mandatory for those with high BACs or repeat offenders. The new requirement is intended to lower repeat DUI offenses and subject all offenders—including those arrested for DUI for the first time—to stricter preventive measures.

How does Maryland’s Ignition Interlock Program work?

Drivers can be referred to Maryland’s Ignition Interlock Program by district courts, administrative law judges, and the state’s Motor Vehicle Administration or volunteer to participate to avoid suspension or revocation of their driver’s license. If a driver elects to participate in the Ignition Interlock program, the enrollment period will be as follows:

  • 180 days for a BAC of at least 0.08 but under 0.15
  • One year for a BAC of 0.15 or higher
  • One year if they refused to submit to a BAC

Those who complete Maryland’s Ignition Interlock Program can receive credit toward future program enrollment connected to the same incident.

Expungement eligibility

Effective October 1, 2024, Maryland DUI and DWI cases that resulted in probation before judgment (PBJ) will be eligible for expungement under the new Maryland DUI Expungement Law. If a person received probation before judgment, and it has been 15 years since the PBJ was granted, they may be eligible for a DUI expungement. However, if they violated probation or received any convictions after their PBJ, they may not be eligible for expungement, and the PBJ will remain on their record. The law specifically applies to alcohol-related DUI charges and does not extend to cases involving drugs or a combination of alcohol and drugs.

Maryland’s DUI Expungement Law gives individuals who received PBJs a second chance by allowing them to clear their DUI records if they can demonstrate an extended period of abiding by the law. It acknowledges that a PBJ is not technically a conviction and provides those eligible with the opportunity to shed the stigma of a DUI conviction when they fulfill their obligations. The change represents a significant shift in Maryland’s approach to DUI-related offenses by providing greater relief to those who meet the conditions while still keeping repeat offenders accountable.

Here are the steps to take to expunge a DUI in Maryland:

  • File a petition: To initiate the process, you need to file a petition for expungement with the court where your case was originally handled. Your petition must provide details about your DUI case and probation discharge.
  • Court review: The court will review your petition to ensure that you meet all eligibility requirements, including verification that 15 years have passed since your probation discharge and that you have not had subsequent criminal offenses. In some cases, the court might set a hearing to review your petition, but this may be optional.
  • Court decision: If you meet the eligibility requirements, the court will grant the expungement, and the DUI will be removed from your record. This means it will no longer appear on background checks or public records.
  • Follow up: Once your expungement has been granted, you might need to follow up with all relevant agencies, including the Maryland Motor Vehicle Administration (MVA), to ensure that the DUI charge has been removed from their records.

Expunging a DUI from your record can provide significant benefits, such as improving employment opportunities since DUI convictions can negatively impact background checks. To ensure a smooth process, you should consult an experienced Maryland criminal defense attorney familiar with the state’s DUI laws and the recent changes. They can guide you through the steps and ensure that all necessary paperwork is submitted.

At Carey Law Office, our attorneys offer experienced DUI representation. We know that no two cases are the same, so we review every aspect of your case to develop an aggressive defense tailored specifically for you. Call or fill out our contact form to schedule a confidential consultation today.