Maryland’s Driving Under the Influence (DUI) and Driving While Impaired (DWI) laws have undergone significant changes, with the latest updates implemented on October 1, 2024. These changes, part of House Bill 105 (HB 105), aim to strengthen penalties and expand the use of ignition interlock devices (IIDs). Here are the key changes and highlights of Maryland’s new DUI/DWI laws:
1. Expansion of Mandatory Ignition Interlock Use
Previously, IIDs were mainly required for repeat DUI offenders and those with high blood alcohol content (BAC) levels. However, HB 105 significantly expands this requirement, making IIDs mandatory for a broader range of DUI offenders, including first-time offenders and those with lower BAC readings (0.07-0.0799). This also applies to individuals who refuse a breathalyzer test and those who receive probation before judgment (PBJ) for alcohol-related driving offenses.
The required duration of IID installation varies based on the offense and prior convictions:
- Six months for first-time offenders
- One year for a second offense
- Three years for a third or subsequent offense
2. Probation Before Judgment (PBJ) and Ignition Interlock
A significant change eliminates the previous benefit of a PBJ in DUI cases, where individuals might have avoided IID installation. Now, even with a PBJ, participation in the Ignition Interlock System Program is mandatory for driving under the influence or while intoxicated offenses.
3. DUI and DWI Expungement
Starting October 1, 2024, HB 105 allows certain DUI offenses to be expunged. Drivers who received a PBJ for impaired driving may be eligible to apply for expungement after 15 years of completing probation, provided they have met all conditions and have no subsequent offenses.
4. Enhanced Penalties for Specific Circumstances
Drunk driving with a minor in the vehicle: Penalties are heightened, potentially leading to increased jail time and fines.
DUI resulting in death: Classified as vehicular homicide while intoxicated, a felony with penalties of up to 5 years imprisonment.
5. Driving with a Suspended License Due to DUI
Operating a vehicle with a license suspended due to a DUI carries severe consequences, including additional criminal charges, extended suspension periods, mandatory jail time, substantial fines, and potential vehicle impoundment.
Important Considerations
Maryland’s DUI laws are complex, and the penalties are substantial. It is crucial to understand the implications of these new laws, especially if facing DUI charges or considering the expungement process. Consulting with an experienced DUI defense attorney is highly recommended to navigate the legal complexities and protect your rights.
In conclusion, Maryland’s updated DUI/DWI laws prioritize public safety by strengthening penalties and broadening the application of Ignition Interlock Devices, even for first-time offenders. The changes aim to deter drunk driving and reduce the number of alcohol-related accidents and fatalities on Maryland roads. As a responsible driver, it is crucial to be aware of these new laws and adhere to them to avoid severe consequences.