Maryland’s New DUI Law for Commercial Drivers

Maryland has a new DUI law, effective October 1, 2025, that will affect the ability of holders of a commercial driver’s license. In this article, we discuss the current driving under the influence (DUI) laws and how they affect CDL drivers. We then discuss how the new DUI law will affect CDL drivers. The short answer is that the new law makes it more important than ever that CDL drivers hire experienced DUI/DWI lawyers to fight any driving under the influence or driving while impaired charges.

The current DUI/DWI laws

The State of Maryland makes it illegal for any driver to drink and drive in two ways.

• Maryland has a DUI law that makes it illegal to drive if a driver’s blood alcohol concentration (BAC) level is 0.08 or higher. No additional evidence of intoxication is necessary. A breath or blood test that shows a driver’s BAC near the time of the arrest is 0.08 is sufficient to obtain a conviction.
• Maryland has a driving while impaired (DWI) law that provides that a BAC level of 0.07 is illegal. Other evidence can also show a driver’s impairment. Drivers may also face a DWI charge due to the use of drugs or a combination of drugs and alcohol.

The consequences of refusing a breath test

Non-commercial drivers can refuse to take a breath test, although their license will be suspended. Commercial drivers cannot refuse to take a breath test. If a CDL driver refuses to take a breath test the first time, they will lose their driving privileges (be disqualified) for one year. If a CDL driver refuses a breath test a second time, that driver will receive a lifetime disqualification.

The consequences of a DUI conviction prior to the new law

Prior to the 2025 DUI law, a holder of a CDL would lose their driving privileges if they had a DUI conviction. A conviction also includes a Probation Before Judgment (PBJ). A PBJ is a Maryland program that places a driver on probation if they qualify. If the driver completes the probation requirement, there is a dismissal of the charges. Otherwise, the driver will have a conviction on their record.

The Maryland Motor Vehicle Authority (MVA) would suspend the driving privileges (disqualify) a driver (CDL or non-CDL) from driving for a DUI or a PBJ. The MVA would not suspend the driving privileges (disqualify) of a driver who has a DWI conviction. So the “gold standard” for CDL defense has been to tell the licensee to take the breath test, and then try to obtain a DWI conviction — even if their BAC is 0.08 or higher.

The new law and CDL/CLP drivers

On April 8, 2025, Maryland Governor Wes Moore signed into law SB 187. This law provides that the MVA must disqualify a CDL driver for one year if that person “drives or attempts to drive any motor vehicle while the alcohol concentration of the person’s blood or breath is 0.08 or greater.”

The new law applies to both drivers who have a commercial driver’s license (CDL) and drivers who have a commercial learner’s permit (CLP).

The title of the new law is – “Drunk Driving – Commercial Driver’s Licenses – Disqualification From Driving.” The statute provides that the MVA shall disqualify a CDL driver/permit holder from driving for one year if:

• The driver is convicted of any charge under 21–902 of the Maryland Criminal Code (the law that regulates DUI/DWI, and other impairment charges) and other statutory violations.
• The driver refuses to submit to authorized drunk driving tests, including a breath test.
• The driver is a commercial motor vehicle operator who has a BAC of 0.04 or greater
• THE INDIVIDUAL, WHILE HOLDING A COMMERCIAL INSTRUCTIONAL PERMIT OR COMMERCIAL DRIVER’S LICENSE, DRIVES OR ATTEMPTS TO DRIVE ANY MOTOR VEHICLE WHILE THE ALCOHOL CONCENTRATION OF THE PERSON’S BLOOD OR BREATH IS 0.08 OR GREATER.
• The driver drives a commercial motor vehicle when their CDL license is revoked, suspended, canceled, or the driver is otherwise disqualified from driving a commercial motor vehicle.

How the new law changes CDL disqualifications

The net result of the new law is that, effective October 1, 2025, the MVA can disqualify a CDL on the basis of the breath test result, regardless of whether the DUI charge is pled down to a DWI charge.

For this reason, drivers who have a DUI or a DWI charge need to employ the services of an experienced drunk driving lawyer. A CDL or CLP driver will lose their commercial vehicle job for at least one year unless they can obtain a dismissal of the charges, an acquittal, or a plea reduction to a lesser offense that does not mandate a disqualification.

Carey Law Office has been fighting to protect the rights of defendants charged with criminal offenses and MVA offenses since 1981. We have offices in Bowie and Dunkirk. We serve all of Calvert County. Please call us or fill out this contact form to schedule a confidential consultation with a DUI/DWI defense lawyer now.