In Maryland, probation before judgment (PBJ) is a favorable outcome for individuals charged with driving under the influence (DUI) or driving while impaired (DWI). A PBJ allows you to avoid a formal conviction by successfully completing probation. This can substantially minimize the long-term consequences of a drug or alcohol-related driving conviction. However, many are surprised to learn that despite receiving a PBJ, they may be required to install an Ignition Interlock Device (IID) in their vehicle.
Read on to learn why the IID is required even after you receive probation before judgment.
Legal Loophole Eliminated
Over the past five years in the Old Line State, almost 800 people have been killed by impaired drivers. This is nearly one-third of all roadway fatalities. In addition, about 15,000 people have been injured by drug and alcohol-impaired motorists, according to the Motor Vehicle Administration.
One of the ways to combat DUI and DWI driving occurred in 2016 after a tragic incident involving a state trooper. The Maryland Drunk Driving Reduction Act of 2016, also known as Noah’s Law, requires a person convicted of alcohol-related offenses to have an ignition interlock system installed in their vehicle.
However, when originally made into law, Noah’s Law had a significant loophole. Mothers Against Drunk Driving (MADD) said there was a gap in the law that allowed a DUI first-time offender who was sentenced to probation before judgment to avoid having an ignition device installed in their car. According to the Maryland Department of Transportation, 60% of the more than 10,000 DUI/DWI offenders in 2023 received probation before judgment. This meant that 6,000 drivers were not required to install an ignition interlock system.
Eventually, the PBJ exception was eliminated. Last year, lawmakers closed the loophole for alcohol-related driving offenses. Starting October 1, 2024, Maryland requires interlock devices in all drunk driving offenders’ cars, even those who get a PBJ.
What is an Ignition Interlock Device?
An IID is a tool to keep impaired drivers from getting on the road.
The Maryland Motor Vehicle Administration administers the Ignition Interlock Program. An ignition interlock device connects a motor vehicle’s ignition system to a breath analyzer. The breathalyzer measures a driver’s blood alcohol concentration (BAC) and prevents a motor vehicle from starting if the level of alcohol detected in the driver’s blood exceeds a specified legal level. The data is automatically transmitted to the MVA and violations are flagged. The device must be camera-enabled.
The advantage for those who participate in the ignition interlock program is that it provides Maryland drivers with an alternative to revocation or suspension of their license.
The Interlock program began in 1989. The program was initially aimed at drivers with two or more alcohol-related violations who were asking for license reinstatement.
Maryland has a robust ignition interlock program. Maryland has the sixth-highest number of interlocks installed and the ninth-highest usage rate in the nation.
DWI/DUI Charges and Probation Before Judgment
Probation Before Judgment (PBJ) is not a conviction. PBJ is a legal option in Maryland that allows individuals charged with certain offenses, including driving under the influence (DUI) or driving while impaired (DWI), to avoid a formal conviction. If the judge grants probation before judgment, Instead of being found guilty, the defendant is placed on probation. If all conditions are met, the offense does not appear as a conviction on your criminal record.
When a judge grants a PBJ, the defendant enters a guilty plea or is found guilty. However, the court strikes the conviction and places the defendant on probation. If you receive probation before judgment in Maryland, you must comply with the conditions of probation. These requirements may include alcohol education programs, community service, fines, and other court-mandated requirements. Judges also suspend jail time when they issue a PBJ.
If you violate your probation conditions, your PBJ could be taken away. Among other things, you could face incarceration based on the suspended jail time issued with your PBJ.
A PBJ has many advantages. It prevents a conviction from appearing on their criminal record. It reduces the risk of enhanced penalties for future offenses. It allows you to avoid points on their driving record, which could lead to increased insurance rates and license suspension.
If you're facing a DWI/DUI charge, an impaired driving lawyer can help. The criminal defense attorneys at Maronick Law LLC have experience with Annapolis, Baltimore, Bel Air, Essex, Ocean City, Towson, and White Marsh drunk driving charges. A DWI/DUI defense attorney will look for the best defense, examining your case for opportunities to get the charges dismissed or reduced. Consultations are free.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at 443-351-6657 or use the website.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.