Maryland DUI Laws in 2026: Ignition Interlock, PBJ, and Repeat-Offense Penalties

Many of our clients walk through the door with the same question: I got a DUI — can I get it expunged? It's one of the most common conversations we have at the firm, and the answer has always depended on a combination of factors: whether you received probation before judgment, the specifics of your charge, and how your case was resolved. And the landscape has shifted — most significantly on October 1, 2024, when Maryland expanded its ignition interlock law to reach every DUI and DWI offender, even those granted a PBJ. If you're driving in Maryland today, here's where the law actually stands.

Here's what you need to know, straight from someone who handles these cases every single day.

Expungement and Probation Before Judgment: The Basics

If you want to get a DUI off your record, the path almost always runs through probation before judgment — commonly called a PBJ. When a judge grants a PBJ, they find sufficient facts for a guilty verdict but defer judgment. It doesn't count as a criminal conviction for most purposes, and after a waiting period, you can petition to have the entire record expunged.

This is one of the most powerful tools in Maryland DUI defense, and it's the outcome we pursue aggressively for first-time offenders. But a PBJ isn't handed out automatically. It requires strong legal strategy, proactive steps from the defendant — enrollment in alcohol education, community service, a demonstrated commitment to accountability — and an attorney who knows how to present that case effectively to the judge.

We also encourage those who have prior DUI charges — even ones that were resolved years ago — to revisit whether those records are eligible for expungement. Many people don't realize that older charges, particularly those that resulted in a PBJ or were dismissed, may qualify. Cleaning up your record now can make a significant difference if you ever face subsequent charges down the road.

What Changed on October 1, 2024: Interlock Now Applies to Everyone

Maryland has tightened its DUI laws steadily over the past decade. The 2016 Drunk Driving Reduction Act — Noah's Law — made an ignition interlock device mandatory for many people convicted of driving under the influence. But a loophole remained: drivers who received probation before judgment often avoided the device entirely.

House Bill 105 (Chapter 715), which took effect October 1, 2024, closed that loophole. Under the current law, every DUI and DWI offender — including those granted a PBJ — must participate in the Ignition Interlock System Program. The device installs in your vehicle and requires a breath sample before the engine starts. It's inconvenient, but it keeps you on the road, which means you can keep working, getting your kids to school, and maintaining some normalcy while your case resolves. (You can read the MVA's announcement of the change here.)

License consequences run alongside the interlock requirement. For a first-offense DUI, a driver typically faces a 180-day license suspension — a full six months without driving privileges — unless they enroll in the interlock program instead. For higher BAC readings, refusals, and repeat offenses, the suspension and interlock periods get longer.

Subsequent DUIs: The Penalties Climb Fast

This is the part of the conversation where the stakes escalate quickly. Maryland treats repeat impaired-driving offenses far more harshly than a first offense. If you've had a prior DUI and you're facing a second charge, the landscape you're walking into is very different from a first-timer's.

The courts, the MVA, and the legislature all take repeat offenses seriously. Longer suspensions. Longer mandatory interlock periods. Higher fines. More jail time on the table. Under Transportation Article §27-101, a second DUI offense carries up to two years in jail and a $2,000 fine — double the first-offense maximums. The margin for error on a second offense is essentially zero, and the cost of not having experienced legal representation is measured in months of lost driving privileges, thousands in fines, and a criminal record that follows you for life.

If you have a prior DUI on your record, this is the time to get serious about understanding your exposure and what protections are available to you under both the old and new rules.

Field Sobriety Tests: Should You Take Them?

This is one of the most common questions we get, and there's a lot of considerations that go into the answer. First and foremost: field sobriety tests are voluntary in Maryland. You are not legally required to perform them. And before making any decision on the side of the road, you need to understand what these tests actually are and how they're used against you.

The standardized field sobriety tests are designed to give officers observable "clues" of impairment. The walk-and-turn test, for example, has eight clues the officer is watching for — things like starting too early, stepping off the line, using your arms for balance, or making an improper turn. The one-leg stand has four clues. If the officer observes a certain number of these clues, that's used as evidence of impairment in court.

Here's what most people don't realize: these tests are subjective. They're administered on the side of the road, often at night, on uneven pavement, under stress, with patrol lights flashing in your face. Sober, healthy people routinely display multiple "clues" under those conditions. And once you've taken the tests, the results become evidence — evidence that's very difficult to un-ring once it's in front of a judge.

While every situation is different, and we can't make a blanket recommendation that applies to every scenario, we do generally recommend thinking very carefully before agreeing to perform field sobriety tests. The officer has likely already formed an opinion about whether they're going to make an arrest. The tests are designed to confirm that opinion — not to help you prove your innocence. That you can politely decline is a right worth knowing about before you ever need to use it.

Why This Matters Right Now

The details of your case matter more than ever. If you have a pending DUI charge, the interlock and license consequences that now apply are real and immediate. If you have a prior DUI on your record, the steeper penalties for a subsequent offense make it even more important to explore expungement options for your earlier charge. And if you're simply someone who drives in Maryland — particularly in and around Annapolis, where enforcement is aggressive — understanding how BAC levels work, what your rights are during DUI checkpoints, and whether to take a field sobriety test could be the difference between a bad night and a life-altering conviction. It's also worth understanding our full approach to DUI & DWI defense.

These are not hypothetical scenarios. We see them every week.

Talk to Us Before Your Court Date

At Cochran & Chhabra Law Group, DUI defense isn't a sideline — it's a core part of what we do. Mandeep Chhabra has defended hundreds of DUI cases in Anne Arundel County and across Maryland, and he understands the nuances of Maryland's current impaired-driving laws — including the expanded interlock requirements now in force. Whether you're facing a first offense, a second charge, or you're trying to clean up an old record, the consultation is free, it's confidential, and it's the single most important step you can take right now.

Schedule your free consultation or call 410.268.5515 — 24 hours a day, 7 days a week.