A loophole that allowed many drunk driving offenders to avoid mandatory participation in the Ignition Interlock System Program has been eliminated. Now all individuals convicted of drunk driving and those granted probation before judgment (PBJ) for alcohol-related driving offenses must install an ignition interlock devices in their vehicles.
The change expands "Noah’s Law,” a 2016 law that mandated interlock devices only for those convicted of drunk driving charges.
The Loophole in Noah’s Law
Initially, Noah’s Law mandated ignition interlock devices for drivers convicted of drunk driving offenses. However, many offenders received PBJ — a common outcome for first-time offenders — which exempted them from the interlock requirement. This exemption meant that many individuals arrested for impaired driving could continue to operate vehicles without an ignition interlock device.
The law is named after Montgomery County Police Officer Noah Leotta, who was killed by a drunk driver in 2015 while conducting a holiday DUI enforcement patrol. His father, Rich Leotta, has advocated for strengthening DUI laws in Maryland and across the country.
Legislative Changes Effective October 1, 2024
The recent legislative change, signed into law by Governor Wes Moore in May 2023, addresses this gap. Now, all drivers convicted or granted PBJ for offenses such as driving under the influence (DUI) or driving while impaired (DWI) must participate in the Ignition Interlock System Program. So, the mandatory ignition interlock requirement applies regardless of whether the court grants probation before judgment, eliminating the previous exemption.
The new requirement went into effect Oct. 1, 2024.
This change is expected to add approximately 5,600 drivers to the program annually, according to the Maryland Department of Transportation.
Implications for Offenders
Under the new law, individuals convicted or receiving PBJ for alcohol-related driving offenses must:
- Install an Ignition Interlock Device. Offenders are responsible for the costs associated with installing and maintaining the device.
- Participate in the program for a specified duration. The required participation period varies based on the offense and prior violations. Generally, first-time offenders must use the device for at least 180 days. Repeat offenders get longer durations.
- Comply with monitoring requirements. The device records data on breath tests and any attempts to tamper with or circumvent the system. This information is reviewed regularly by the Motor Vehicle Administration (MVA) to ensure compliance.
Failure to comply with these requirements can result in license suspension or revocation until the offender fulfills the program obligations.
The Ignition Interlock System
An ignition interlock device is a breathalyzer connected to a vehicle's ignition system. Before starting the vehicle, the driver must provide a breath sample. If the device detects a blood alcohol concentration (BAC) above a predetermined limit, the vehicle will not start.
Since its implementation, Maryland’s Ignition Interlock Program has prevented more than 76,000 attempts by drivers to operate vehicles while impaired.
How a Lawyer Can Help
With this change in place, it’s even more important to seek out the help of an experienced DUI/DWI lawyer. A knowledgeable lawyer will review your case to determine if the charges can be reduced or dismissed.
A Maryland DUI/DWI lawyer can help you with your charges. The attorneys at Maronick Law LLC have experience fighting drunk driver charges. The office can meet your Annapolis, Baltimore, Bel Air, Essex, Glen Burnie, Ocean City, Towson, White Marsh DUI/DWI legal needs. The consultation is free.
We can meet with you remotely if you have access to Zoom. You can contact the law office at (410) 244-5068or through the website for a free consultation.