Maryland has recently enacted significant changes to its drunk driving laws which will have a major impact on those charged with alcohol related driving offenses. As of October 1, 2024, two major legislative updates have come into effect:
Expansion of Ignition Interlock Requirements
When the Maryland General Assembly passed "Noah's Law" they mandated ignition interlock devices—breathalyzer systems connected to a vehicle's ignition—for certain DUI offenders. This requirement in criminal cases did not apply to individuals who received probation before judgment (PBJ) . A recent change now mandates all individuals convicted of alcohol-related driving offenses, including those granted PBJ, to install an ignition interlock device in their vehicles. This measure ensures that even first-time offenders under probation are subject to stricter monitoring, thereby enhancing public safety.
While this change affects the criminal side of an alcohol-related driving offense, the MVA and the applicable regulations have required ignition interlock in order to avoid a lengthy suspension. The change in the criminal law now makes the decision whether to accept ignition interlock for a year or accept a lengthy suspension, often less than a year, academic as ignition interlock is going to be mandated in every case.
Our office has more details on this issue and on the most cost-effective ways to get and maintain an ignition interlock system.
Eligibility for Expungement of DUI Records
In a major change in Maryland law, the state now allows individuals to expunge DUI records under specific conditions. Offenders who received a PBJ for driving under the influence of alcohol can petition for expungement 15 years after completing their probation. It's important to note that this provision applies solely to alcohol-related offenses and excludes cases involving controlled substances or subsequent offenses.
This is a critical change that affects many DUI/DWI defendants concerned about background checks, public records of prior incidents, professional licensure, and other related issues. In the past, they were stuck with a publicly available record, even if it was not technically a conviction under Maryland law, that may affect their ability to earn a living. Now there is relief for those who successfully complete a PBJ sentence and demonstrate that they do not deserve to have a record of past illegal conduct.
If you have a question about expungement, contact our office today at 410-541-6DUI (384) or by email at info@gklinelaw.com.
Navigating the complexities of Maryland's evolving DUI laws requires knowledgeable legal guidance. If you or a loved one is facing DUI charges, it's crucial to consult with an attorney who is well-versed in the latest statutory and regulatory changes.
With nearly thirty years of experience, the Law Office of Gregory M. Kline, LLC, remains committed to providing informed and effective representation to protect your rights and future.
Stay Informed
For more insights and updates on DUI laws in Anne Arundel County and throughout Maryland, visit the Anne Arundel DUI Blog. Staying informed empowers you to make better decisions and understand the legal landscape more clearly.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized legal counsel, please contact our office directly.
