Published on 6/15/2026, 12:18:00 PM
New Maryland Ignition Interlock Law: SB 38 Expands Mandatory Participation
Governor Wes Moore signed Senate Bill 38 on April 14, 2026. The bill, now Chapter 81 of the 2026 Laws of Maryland, amends the ignition interlock statute at Transportation Article Section 16-404.1. Beginning October 1, 2026, a driver who violates an alcohol restriction on a Maryland license must join the Ignition Interlock System Program before the MVA will modify a suspension or revocation or issue a restricted license. Age plays no role under the new rule.
SB 38 works in two directions. It widens the pool of drivers who must use the device, and it clears a step for the drivers 21 and older who land in that pool. Both pieces start the same day.
The first piece closes a gap. The old version of the statute forced interlock participation on drivers who were under 21 when they violated an alcohol restriction. A driver who was 21 or older could violate the same restriction without triggering the mandate. SB 38 closes that gap.
The Rule Before SB 38
Under the old text of Section 16-404.1(d)(2), the MVA had to require interlock participation as a condition of a modified suspension or a restricted license in two situations:
- A court ordered the driver into the program under Section 21-902.2; or
- The driver was under 21 on the date they violated an alcohol restriction imposed under Section 16-113(b)(1) or violated Section 21-902©.
The Rule Starting October 1, 2026
SB 38 rewrites that list. The mandate now covers a driver who:
- Receives a court order requiring participation under Section 21-902.2;
- Was under 21 on the date of a Section 21-902© violation, meaning driving while impaired by a drug, a combination of drugs, or drugs and alcohol; or
- Violated an alcohol restriction imposed under the Transportation title, at any age.
Two changes sit inside that third item. SB 38 removes the age cap, so a 45-year-old who drives with alcohol in their blood while under a restriction faces the same interlock mandate as a 19-year-old. The bill also swaps the narrow reference to Section 16-113(b)(1), the restriction the MVA places on under-21 licensees, for language covering an alcohol restriction “imposed under this title.” That broader phrasing sweeps in other restrictions, including the three-year restriction under Section 16-113(g)(1) for drivers with two or more impaired driving convictions within five years.
The Easier Part: No More Hearing for Drivers 21 and Over
SB 38 carries a second change, and it helps the drivers the law now covers. Before the new statute, the only people who could enroll in the program after violating an alcohol restriction were drivers under 21. A driver 21 or older in the same spot could not simply sign up. They had to request a hearing, appear before an administrative law judge at the Office of Administrative Hearings, and ask the judge to alter the license suspension so they could enroll.
The new statute drops that step. Participation is now mandatory at any age once a driver violates an alcohol restriction, and the statute directs the MVA to issue a restricted license to a driver who must participate and is otherwise eligible. Put those two pieces together and a driver 21 or older can opt into the program through the MVA without going in front of a judge first. The state expects fewer hearing requests because of it.
So the same bill that puts more drivers on the device also gives those drivers a quicker route back onto the road. If you would rather fight the suspension than accept the interlock, an MVA hearing is still on the table. For a driver 21 or older who just wants to enroll, the hearing becomes a choice instead of a required stop.
Alcohol Restrictions in Plain Terms
An alcohol restriction bars you from driving with any alcohol in your blood. The MVA places one on each license issued to a driver under 21, and that restriction expires on the driver’s 21st birthday. The MVA also imposes a three-year restriction on a driver of any age who picks up two or more convictions under Section 21-902 within five years. A breath or blood test of 0.02 or higher counts as prima facie evidence of alcohol in the blood. Our Maryland DUI guide covers these restrictions in depth, and our under 21 DUI page explains how the rules apply to young drivers.
Skip the Program and the MVA Suspends You for a Year
That enforcement piece carries over from the old statute. If the law requires you to participate and you fail to enroll, or you enroll and fail to complete the program, the MVA suspends your license for one year. Compliance inside the program matters too. Interlock violations can extend your time on the device, and our ignition interlock violation lawyers handle those disputes.
The statute also directs the MVA to issue a restricted license to a driver who must participate and is otherwise eligible. Enrolling keeps you on the road during the program. A driver who refuses sits out a full year instead.
If You Are Facing a DUI or DWI Now
Timing matters. The law takes effect October 1, 2026. If your license carries an alcohol restriction from a prior case, a single violation after that date puts you in the interlock program as the price of keeping any driving privilege. A driver weighing a DUI or DWI plea this year should factor the new mandate into the decision, because an alcohol restriction that follows a conviction now carries a built-in interlock consequence if violated.
An MVA hearing remains the forum for fighting a suspension and shaping the terms of a restricted license. Get advice before that hearing. The choices you make there control whether you end up in the program and for how long.
Frequently Asked Questions
Does SB 38 change how long I stay on the interlock?
No. The bill changes who must participate and broadens the alcohol restriction trigger. The program lengths elsewhere in Section 16-404.1 stay as they were. Our page on removal from the interlock program covers the timing rules.
I am over 21 and my license has an alcohol restriction. Does this apply to me?
Yes, for violations after October 1, 2026. The old rule reached under-21 drivers who violated a restriction. The new rule reaches a driver of any age who violates an alcohol restriction imposed under the Transportation title.
I am 21 or older and just want the interlock. Do I still need an MVA hearing?
Not after October 1, 2026, if you are enrolling because you violated an alcohol restriction. The old process made a driver 21 or older request a hearing and ask an administrative law judge to alter the suspension before enrolling. SB 38 makes participation mandatory at any age and directs the MVA to issue the restricted license, so you can enroll through the MVA without the hearing. You can still request a hearing if you would rather fight the suspension.
Did the drugged driving trigger change?
The under-21 trigger for Section 21-902© violations stays in place. A driver who was under 21 on the date of a drugged driving violation must still join the program before the MVA modifies a suspension or issues a restricted license.
Can the MVA still modify my suspension if I enroll?
Yes. The statute preserves the MVA’s authority to modify a suspension so you can participate, and it directs the MVA to issue a restricted license to a driver who must participate and is otherwise eligible.
Charged With DUI or Fighting an MVA Suspension?
FrizWoods defends DUI and DWI cases across Maryland, and we handle the MVA side of each case we take, from hearings to interlock disputes. Contact us for a free consultation, available 24/7. For the statewide picture, see our Maryland DUI lawyer page.
