New law to force thousands charged with drunk driving in Maryland to install ignition breath analyzers

BALTIMORE — A new state law will require more Marylanders with drunk driving charges to blow into a breath analyzer before starting their cars.

The change went into effect Tuesday and is expected to add around 5,600 drivers into the state’s Ignition Interlock Program, according to the Maryland Department of Transportation.

“The fact is, drunk drivers are responsible for one-third all of Maryland traffic fatalities,” Del. Vanessa Atterbeary, a Howard County Democrat and chief sponsor of the bill, said in a news release.

Over the past five years nearly 800 people have been killed and 15,000 have been injured in crashes involving an impaired driver in Maryland, according to Motor Vehicle Administration data.

An ignition interlock device connects a car’s ignition system to a breath analyzer that measures a driver’s blood alcohol concentration and prevents the car from starting if it exceeds a certain level. The device also periodically retests the driver after a car has been started.

The Motor Vehicles Administration said in a news release Maryland had more than 10,000 DUI and DWI offenders in 2023. Previously, drivers charged with DUI/DWI who received probation before judgment were not required to install ignition systems.

The new law, which Gov. Wes Moore signed in May, expands mandatory participation in the program to include drivers who receive probation before judgment. To enroll in the program, drivers must pay a $47 participation fee and a $20 fee for a license with an interlock restriction, according to the department.

A driver must also participate in the ignition interlock system program if they are convicted of DUI, transporting a minor 15 and under while impaired by alcohol or homicide or life-threatening injury by motor vehicle while under the influence of alcohol. Anyone who fails to participate or successfully complete the interlock program will have their license suspended by the MVA until completion. Generally, drivers participate in the program for six months the first time, one year a second time and three years for a third offense, the transportation department said in a news release.

Drivers must also participate in the program to regain their license after a suspension or revocation for drunk driving charges. According to the National Conference of State Legislatures, all 50 states and the District of Columbia have some sort of ignition lock program. Maryland’s program started in 1989.

The same bill also allows Marylanders to now file a petition for expungement if they received a probation before judgment charge for DWI or DUI. Previously, a petition based on probation before judgment could not be filed before the petitioner’s discharge from probation or three years after the probation was granted, whichever is later. The bill allocates almost $1 million in 2025 to hire 17 district court clerks to process an expected increase in expungements under the bill, according to a legislative analysis.

“The data is clear that ignition interlock systems work by reducing the likelihood that a first-time, repeat, and high-risk offenders will drive impaired again. We must continue to find solutions to eliminate impaired driving so we can continue to save more lives,” Motor Vehicle Administrator Chrissy Nizer said in a news release.

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