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.
