Maryland DUI Attorneys: Proposed Noah's Law to Require Ignition Interlock in All DUI Cases

          Last month, Officer Noah Leotta of the Montgomery County Police was on patrol when he was tragically killed by a drunk driver who had several prior DUI convictions.  We blogged about the public outrage that followed regarding Maryland’s weak DUI laws.  Maryland lawmakers, Delegate Ben Kramer and Senator Jamie Raskin, have responded to the public’s concerns with a draft of a new bill called “Noah’s Law,” which would strengthen Maryland’s penalties for DUI.  If passed, the law will require all convicted drunk drivers to have an ignition interlock system installed on their vehicles, even first time offenders.

            

          As Maryland law currently stands, ignition interlock systems are required for drunk drivers who either refuse to take the breathalyzer test or take the test with a result of 0.15 or more.  Offenders with a blood alcohol content between .08 and .14 are eligible for a restricted license to go to school and work, however, they are not required to install an interlock device.  The new law would apply to all offenders with a blood alcohol content of .08 or higher.

            

         The proponents of the law argue that Officer Leotta’s death could have been prevented by a stricter ignition interlock law, given that the driver who struck him had numerous prior DUI offenses.  The federal Center for Disease Control (CDC) has also advocated for stronger ignition interlock laws, stating that repeat DUI offenses are reduced by 70% when interlocks are in use. 

             

         If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Rockville or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Rockville DUI Lawyer, Police Officer Killed by Drunk Driver

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A Montgomery County Police Officer was killed earlier this month when he was struck by a drunk driver.  Officer Noah Leotta, 24, was struck while performing a traffic stop during holiday alcohol task force enforcement.  Montgomery County Police Chief, Thomas Manger, delivered a powerful speech after Officer Leotta’s death, stating that the residents of Montgomery County had “lost a great cop,” who was “dedicated to public service.” 

This tragedy has sparked a renewed conversation about Maryland’s current laws and penalties for driving under the influence, especially for repeat offenders.  Manger stated that the drunk driver involved in this case had been arrested twice before for drunk driving and had also been previously convicted for drug possession.  Manger decried Maryland’s DUI laws, stating that, “the state of Maryland has some of the weakest penalties for drunk drivers.”  Manger further stated that there would be little chance of justice for victims of drunk drivers “until the state of Maryland starts taking these crimes seriously.”

In Maryland, the crime of driving under the influence of alcohol carries a maximum penalty of 1 year in jail and a $1,000 fine.  First time offenders are eligible for probation before judgment, which is not a conviction, and carries no points for drivers’ license purposes.  Maryland law does not provide for any mandatory jail time for first offenders or for subsequent offenders.  Repeat DUI offenders face the same maximum penalties as a first time offender and it is completely within the judge’s discretion to impose jail time, or not.

By contrast, Virginia has enacted especially harsh penalties for individuals convicted of driving under the influence.   If a defendant’s blood alcohol content is .15 or above, Virginia law imposes a mandatory minimum of five days in jail.  A second offense carries a 20 day mandatory minimum in Virginia.  A third offense carries 90 days.  Virginia civil law also provides enhanced protections for injured victims of drunk drivers in the form of eligibility for punitive damages in personal injury cases where the defendant’s BAC was above .15.  Maryland law carries no such protection.

If you, a family member or someone you know has been convicted of DUI or DWI or if you would like more information on drunk driving, please do not hesitate to call us at 410-995-1515 for a free consultation.