In a significant shift aimed at enhancing justice and providing second chances, Maryland has enacted a new law concerning the expungement of DUI offenses under a Probation Before Judgment (PBJ). This change, which took effect recently, is crucial for individuals seeking to clear their records and reintegrate into society.
Under the previous legal framework, individuals charged with DUI faced substantial barriers to expungement. A PBJ allowed for a delay of judgment, meaning that if the defendant completed certain conditions, the charge would not result in a conviction. However, expungement was not an option thus the charge remained on the individual’s record forever, creating lasting repercussions for those who had made efforts to rehabilitate.
The new law simplifies this process. Now, individuals who have received a PBJ for DUI offenses can apply for expungement after 15 years, provided they have met all the conditions of their probation. This is a game-changer for many Maryland residents, as it helps remove the stigma associated with a DUI record, making it easier to secure employment and housing. You can still expunge a dismissal or acquittal for any DWI/DUI offense.
Additionally, the law addresses the use of ignition interlock devices. Previously, only those convicted of DUI were mandated to install these devices for a designated period. The new legislation encourages the use of interlocks for those who obtain a PBJ. The ignition interlock program is now required for anyone who is convicted of or receives a PBJ for an alcohol-related DUI offense (§ 21-902(a) and (b)), or for anyone whose license is suspended for an accumulation of points for an alcohol-related DUI offense. Previously, courts had discretion whether to order ignition interlock in most cases for a person who received a PBJ for driving under the influence of alcohol.
An ignition interlock device is a small breathalyzer that is connected to a vehicle’s ignition to stop a driver from starting their car if the breathalyzer detects alcohol. The device must be professionally installed by one of the Maryland Motor Vehicle Administration’s approved interlock providers. The list of approved providers can be found by clicking HERE. A person must participate in the ignition interlock program for 6 months for a first offense, one year for a second offense, and three years for a third or subsequent offense. The clock begins to run once the driver brings proof of installation of the device to the MVA.
Once the MVA receives proof of installation of the ignition interlock device, the driver will be issued an interlock-restricted driver’s license. The driver is only permitted to drive a vehicle fitted with the ignition interlock device and will incur criminal and monetary penalties for failing to comply with the license restriction.
It is important to consult an experienced criminal defense attorney if you have been charged with a DWI or DUI to protect your rights and advise you throughout the process.
