DUI and Commercial Driver�s Licenses in Maryland
Commercial drivers in Maryland face stricter DUI penalties than regular motorists, and recent legislative updates have made the stakes even higher. If you hold a CDL and are charged with a DUI or DWI-even if you receive probation before judgment (PBJ)-you may now be required to install an ignition interlock device, effectively disqualifying you from driving commercially.
Here�s what you need to know.
The New Ignition Interlock Requirement for CDL Holders
In 2024, Transportation Article � 16-404.1 was amended to mandate ignition interlock participation for anyone:
- Convicted of DUI or DWI under � 21-902(a) or (b), or
- Granted PBJ under Section 6-220 of the Criminal Procedure Article for those same offenses.
This means that even if you're not convicted-and instead receive PBJ-you still:
- Must enroll in Maryland�s Ignition Interlock Program
- Lose the ability to operate a commercial vehicle during that time
- Face a 6-month interlock period, during which your CDL is automatically disqualified
How a DUI Affects CDL Privileges
Under federal and Maryland law, commercial drivers are held to a higher standard:
- A BAC of 0.04 or higher while operating a commercial vehicle can trigger DUI charges
- Even off-duty DUIs in your personal vehicle can lead to CDL disqualification
First Offense:
- CDL disqualified for 1 year
- No restricted or conditional CDL allowed-even with ignition interlock
- If carrying hazardous materials at the time: 3-year disqualification
Learn more about Maryland DUI penalties
Second Offense:
- Lifetime CDL disqualification
Explore repeat DUI charges and penalties
Why PBJ No Longer Protects CDL Holders
Prior to the 2024 amendment, drivers who received PBJ could avoid mandatory ignition interlock-and retain their CDL if no separate disqualification applied.
Now, the law explicitly includes PBJ under Section 6-220 as a triggering event for mandatory ignition interlock participation.
"An individual shall be a participant if... granted probation before judgment under Section 6-220... for a violation of Section 21-902(a) or (b)."
[Transportation Section 16-404.1(d)(1)(i)]
This new rule effectively treats PBJ as equivalent to a conviction for CDL purposes.
Learn more about PBJ and DUI cases in Maryland
What Can CDL Holders Do?
To protect your commercial license, your only real option is to:
- Fight for a complete dismissal or not guilty verdict
- Avoid any outcome-like PBJ-that triggers interlock participation
If you plead guilty or accept PBJ, you will not be able to drive commercially for at least 6 months.
Speak with a Maryland DUI lawyer immediately if you're a CDL holder facing DUI charges.
Why Interlock Equals Disqualification
Maryland law prohibits anyone in the Ignition Interlock Program from:
- Driving any vehicle that lacks the interlock device
- Operating a commercial vehicle under a restricted or modified license
As a result, any ignition interlock requirement = automatic CDL suspension, regardless of what type of vehicle was involved in the original offense.
## FAQs
### Q: Can I get a restricted CDL while in the interlock program?
A: No. Maryland law does not allow commercial drivers to operate commercial vehicles with a restricted or interlock-modified license.
### Q: What if my DUI was in a personal vehicle?
A: It doesn�t matter. A DUI in your personal car can still disqualify your CDL, especially if it results in conviction or PBJ.
### Q: Is PBJ the same as a conviction for CDL purposes?
A: Yes, under the new Transportation Section 16-404.1(d), PBJ triggers the same ignition interlock requirement as a conviction.
### Q: How long will I lose my CDL?
A: Typically 1 year for a first offense, or lifetime for a second. During ignition interlock participation (at least 6 months), you are also barred from commercial driving.
### Q: Can I fight a DUI charge to save my CDL?
A: Yes, and it�s the only way to preserve your commercial license. Your best option is to seek a dismissal or not guilty verdict.
Protect your livelihood. If you're a CDL holder charged with DUI in Maryland, contact FrizWoods today for a free consultation and an aggressive defense.