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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.