As of October 1, 2024, Maryland will enforce significant changes to its DUI-related laws, particularly concerning the mandatory use of ignition interlock devices (IIDs). This new requirement is a substantial shift in how Maryland handles DUI cases, and it’s essential for anyone facing DUI charges to understand the impact of these changes.
What Is the Ignition Interlock Device?
An ignition interlock device is a breathalyzer attached to a vehicle’s ignition system. Before the vehicle can start, the driver must blow into the device. If alcohol is detected, the vehicle will not start. These devices are professionally installed by providers approved by the Maryland Motor Vehicle Administration (MVA), and participants in the program must comply with specific legal requirements during their use.
Who Will Be Required to Use an Ignition Interlock Device?
Under the new law, codified in Section 16-404.1 of the Maryland Transportation Article, anyone convicted of or receiving probation before judgment (PBJ) for a DUI involving alcohol will be required to install an IID. This includes:
- First-time DUI offenders: Required to participate in the IID program for a minimum of six months.
- Second-time offenders: Must use the device for at least one year.
- Third or subsequent offenders: Required to use the IID for three years.
Additionally, individuals whose licenses are suspended due to the accumulation of points from alcohol-related DUI offenses must also install the device. Previously, courts had discretion when it came to ordering IIDs for PBJ recipients, but now this requirement is mandatory in most cases.
Consequences of Non-Compliance
Failure to comply with the ignition interlock program can lead to severe consequences, including:
- License suspension: Driving privileges may be suspended until proof of IID installation is provided.
- Violation of probation: This could result in additional legal penalties, including potential incarceration and the reinstatement of a conviction.
- Fines: Additional monetary penalties may apply for failing to adhere to the IID requirements.
How Does This Affect You?
For those facing DUI charges, it is now more critical than ever to be aware of the legal implications. If convicted or granted PBJ, not only will the IID be mandatory, but failure to comply can lead to prolonged legal and administrative hurdles. The device must be installed for the full duration specified by the court or MVA, and any non-compliance could result in extended program participation or other penalties.
What Should You Do Next?
If you or someone you know is facing DUI charges, consulting with a knowledgeable attorney is vital. An experienced defense lawyer can help navigate these new requirements, ensuring compliance and minimizing potential legal risks.