Interlock Device Now Required for All Those Convicted of DUI

 Posted on February 21, 2025 in DUI

A few months ago, Maryland lawmakers closed what they considered a "loophole" in Noah’s Law that allowed some drivers to repeatedly drive while intoxicated. The new law requires anyone convicted of DUI to have an ignition interlock device – which includes a camera – in their vehicle.

Before this law was put into place, those who received a sentence of probation before judgment (PBJ) were not required to have the device installed in their vehicle. PBJ is a sentence often handed down to first-time DUI offenders, with more than 10,000 DUI and DWI offenders in Maryland receiving probation before judgment in 2023.

If you have been charged with DUI or DWI, it is extremely important that you speak to a knowledgeable Silver Spring, MD DUI attorney. The best outcome is a not-guilty verdict or having the charges dismissed or lowered through a plea deal. An experienced DUI attorney knows how to target any weaknesses in the prosecutor’s case on your behalf.    

What Are the Penalties for a First-Time DUI in Maryland?

A driver in Maryland whose BAC registers at 0.08 percent or above will be charged with DUI. At the police officer's discretion, a driver with a BAC as low as 0.05 percent could be charged with DWI. Either way, the penalties are steep, and the long-term collateral damage is serious.

Under Maryland Code 21-902, a first-time DUI conviction carries potential penalties of up to one year in jail, $1,000 in fines, the loss of driving privileges for 180 to 270 days, and the mandatory installation of an ignition interlock device. Having an ignition interlock device installed on a vehicle will cost between $75 and $100 per month.

Once the driver has completed all requirements, securing auto insurance can be difficult and extremely costly, and securing employment can be just as difficult. A first-time DWI in the state can result in up to two months in jail and a fine as high as $500. A DUI conviction puts 12 points on the driver’s record, while a DWI puts 8 points on the driver’s record.

Is It Possible to Avoid a DUI Conviction?

A skilled DUI attorney can implement a wide array of potential DUI defenses. The initial stop can be challenged if it is not based on reasonable suspicion. Reasonable suspicion has a lower burden of proof than probable cause, but it still requires that the driver committed a traffic error that gave the officer reasonable suspicion to pull him or her over. At that time, probable cause kicks in – the officer needs probable cause in the form of information or evidence that the driver is driving while intoxicated.

Probable cause usually comes from the officer’s interaction with the driver, including statements from the driver, red eyes, or slurred speech. The driver can be arrested once the officer administers a field sobriety test or portable breathalyzer test. If the initial stop was not based on a reasonable suspicion that the driver was impaired, then any evidence obtained after that is inadmissible, resulting in the case being dropped.   

Beyond the initial stop, the police may have made errors in administering the breathalyzer test, or the machine itself may not have been properly calibrated or maintained. Breathalyzers have many flaws that can challenge the accuracy of the BAC. If a field sobriety test is given, there are also challenges based on the driver’s medical history, age, gender, and even weight. The police officer may have violated the driver’s constitutional rights by failing to Mirandize the driver or by denying him or her an attorney.

Contact a Montgomery County, MD DUI Lawyer

Since even a first-time DUI can carry harsh penalties and create a criminal record that can follow you for many years, your best course of action is to hire a Silver Spring, MD DUI attorney from The Law Offices of Gerstenfield & Demirji, PC.. We treat our clients with warmth and compassion while fighting aggressively on their behalf. We have good relationships with prosecutors, which directly benefits our clients, and are available 24/7. Call 301-589-9500 to schedule your free consultation. We are fluent in Arabic and Spanish.