What Maryland’s New Ignition Interlock Law Means for Commercial Drivers

A new law in Maryland will soon change the regulations regarding interlock device (IID) installation for DUI and DWI offenders who accept probation before judgment. While this has costly implications for all drivers, it is especially concerning for those who hold a commercial driver’s license (CDL).

Accepting probation before judgment is often the best option for most defendants (including many CDL holders) facing DUI and DWI charges in Maryland. Not only did accepting probation before judgment allow defendants to avoid a conviction, but it also allowed them to avoid any points being assessed on their driving records. Participation in the Ignition Interlock Program was either a voluntary choice on the part of those charged in lieu of an MVA hearing or sometimes ordered as a condition of probation by a judge upon sentence. Beginning October 1, 2024, however, this will no longer be a “sometimes” condition – judges will order this participation as a condition of probation, as required by law.  

Ignition Interlock Restrictions and CDLs

When you are subject to mandatory IID installation, your driver’s license is restricted. You are only allowed to drive if you install an IID and comply with all of Maryland’s ignition interlock program requirements.

But, having a restricted license also has major implications for your CDL. This is due to Section 11.11.12.07 of the Maryland Code of Regulations, which states:

“The [Maryland Motor Vehicle] Administration may not issue any type of temporary, conditional, or work restricted license permitting an individual to drive a commercial motor vehicle during any period in which the individual’s driving privilege is disqualified, refused, cancelled, suspended, or revoked . . . .”

The Maryland courts have held that having a restricted license counts as having a “suspended” license for purposes of Section 11.11.12.07. As a result, if you receive probation before judgment and are required to install an ignition interlock device after October 1, 2024, you won’t be able to carry your CDL while your driving privileges are restricted.

Options for CDL Drivers Facing DUI/DWI Charges in Maryland

With this in mind, CDL holders who are facing DUI or DWI charges will need to think very carefully about how to approach their defense. While seeking probation before judgment might have been your best option before October 1, 2024, once this date passes, this might not be the case. If accepting probation before judgment means losing your ability to drive for a living, this could prove extremely costly. Even if you can find different work in the meantime—and even though you will be able to legally say that you weren’t convicted of DUI or DWI—it could still be difficult to find another commercial driving job once you have been off of the job for several years.

If seeking probation before judgment isn’t your best option, then what is? The short answer is, “It depends.” To ensure that you are making smart decisions with your long-term best interests in mind, you should discuss your DUI or DWI case with an experienced defense lawyer as soon as possible.

Schedule a Confidential DUI/DWI Defense Consultation Today

If you hold a CDL and are facing a DUI or DWI charge in Maryland, we strongly encourage you to contact us for more information. To schedule a confidential consultation with defense lawyer Cynthia Christiani, call us at 443-405-8211 or send us your contact information online today.