EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0070*
HOUSE BILL 70
R4 5lr0212
(PRE–FILED) CF SB 207
By: Chair, Judiciary Committee (By Request – Departmental – Transportation)
Requested: October 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Drunk and Drug–Impaired Driving and Failure to Remain at the Scene – 2
Revocation of Driver’s License 3
FOR the purpose of requiring the Motor Vehicle Administration to revoke the driver’s 4
license of a person who has been convicted of, or been granted probation before 5
judgment for, impaired driving that contributes to an accident, or fails to remain at 6
the scene of an accident, that results in the death or life–threatening injury to 7
another person; authorizing a person whose driver’s license is revoked under this Act 8
or for homicide by motor vehicle while impaired to apply for license reinstatement 9
after a certain period of time; requiring a person whose driver’s license is revoked for 10
failure to remain at the scene of an accident that results in the death or bodily injury 11
of another person to participate in the Ignition Interlock System Program; and 12
generally relating to driver’s license revocation for drunk and drug–impaired driving 13
and failure to remain at the scene of an accident. 14
BY repealing and reenacting, with amendments, 15
Article – Transportation 16
Section 16–205(b), 16–208(b), and 16–404.1(d)(1)(i) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Transportation 22
16–205. 23
(b) The Administration: 24
2 HOUSE BILL 70
(1) Shall revoke the license of any person who has been convicted OF, OR 1
GRANTED PROBATION BE FORE JUDGMENT UNDER § 6–220 OF THE CRIMINAL 2
PROCEDURE ARTICLE FOR, A VIOLATION under: 3
(I) Title 2, Subtitle 5 of the Criminal Law Article[, of] FOR homicide 4
by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by 5
any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a 6
controlled dangerous substance; 7
(II) § 21–902(A), (B), (C), OR (D) OF THIS ARTICLE FOR DRIVING 8
WHILE UNDER THE INFL UENCE OF ALCOHOL OR ALCOHOL PER SE , IMPAIRED BY 9
ALCOHOL, OR IMPAIRED BY ANY D RUG, ANY COMBINATION OF D RUGS, A 10
COMBINATION OF ONE O R MORE DRUGS AND ALC OHOL, OR A CONTROLLED 11
DANGEROUS SUBSTANCE THAT CONTRIBUTES TO AN ACCID ENT THAT RESULTS IN 12
THE DEATH OR LIFE –THREATENING INJURY O F ANOTHER PERSON ; OR 13
(III) § 20–102 OF THIS ARTICLE FOR FAILURE TO REMAIN AT THE 14
SCENE OF AN ACCIDENT THAT RESULTS IN THE DEATH OR BODILY INJU RY OF 15
ANOTHER PERSON ; and 16
(2) May not issue a temporary license to drive for any person whose license 17
has been revoked under item (1) of this subsection during an administrative appeal of the 18
revocation. 19
16–208. 20
(b) (1) Any individual whose license or privilege to drive has been revoked may 21
apply for reinstatement of the individual’s license or privilege as provided in this 22
subsection. 23
(2) (i) If it is the individual’s first revocation, the individual may file a 24
reinstatement application at any time after the day the revoked license is surrendered to 25
and received by the Administration or, in the case of an individual who does not have a 26
license issued under this title, after the effective date of the revocation. 27
(ii) Except as provided in paragraph [(6)] (7) of this subsection, on 28
receipt of the application, the Administration may reinstate the license or privilege 6 29
months after the revoked license is received by the Administration or, in the case of an 30
individual who does not have a license issued under this title, 6 months after the effective 31
date of revocation. 32
(3) (i) If it is the individual’s second revocation, the individual may file 33
a reinstatement application at any time after 1 year from the day the revoked license is 34
surrendered to and received by the Administration or, in the case of an individual who does 35
not have a license issued under this title, after 1 year from the effective date of revocation. 36
HOUSE BILL 70 3
(ii) Except as provided in paragraph [(6)] (7) of this subsection, on 1
receipt of the application, the Administration may reinstate the license or privilege. 2
(4) (i) If it is the individual’s third revocation, the individual may file a 3
reinstatement application at any time after 18 months from the day the revoked license is 4
surrendered to and received by the Administration or, in the case of an individual who does 5
not have a license issued under this title, after 18 months from the effective date of 6
revocation. 7
(ii) Except as provided in paragraph [(6)] (7) of this subsection, on 8
receipt of the application, the Administration may reinstate the license or privilege. 9
(5) (i) If it is the individual’s fourth or subsequent revocation, the 10
individual may file a reinstatement application at any time after 2 years from the day the 11
revoked license is surrendered to and received by the Administration or, in the case of an 12
individual who does not have a license issued under this title, after 2 years from the 13
effective date of revocation. 14
(ii) Except as provided in paragraph [(6)] (7) of this subsection, on 15
receipt of the application, the Administration may reinstate the license or privilege. 16
(6) (I) IF THE INDIVIDUAL’S LICENSE IS REVOKED UNDER § 17
16–205(B) OF THIS SUBTITLE , THE INDIVIDUAL MAY F ILE A REINSTATEMENT 18
APPLICATION AT ANY T IME AFTER 5 YEARS FROM THE DAY T HE REVOKED LICENSE 19
IS SURRENDERED TO AN D RECEIVED BY THE ADMINISTRATION OR , IN THE CASE OF 20
AN INDIVIDUAL WHO DO ES NOT HAVE A LICENS E ISSUED UNDER THIS TITLE, AFTER 21
5 YEARS FROM THE EFFEC TIVE DATE OF REVOCATION . 22
(II) EXCEPT AS PROVIDED IN PARAGRAPH (7) OF THIS 23
SUBSECTION, ON RECEIPT OF THE AP PLICATION, THE ADMINISTRATION MAY 24
REINSTATE THE LICENS E OR PRIVILEGE. 25
(7) (i) The Administration may not reinstate a license or privilege to 26
drive under this subsection if the license or privilege has been refused, revoked, suspended, 27
or canceled under any other provision of the Maryland Vehicle Law. 28
(ii) 1. In this subparagraph, “alcohol–related or drug–related 29
driving incident” means a: 30
A. Conviction or probation before judgment for a violation of 31
§ 21–902(a), (b), (c), or (d) of this article or a substantially similar law of another 32
jurisdiction; 33
B. Refusal to submit to a test under § 16–205.1 of this subtitle 34
or a substantially similar law of another jurisdiction; or 35
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C. Test result that indicates an alcohol concentration of 0.10 1
or more at the time of testing under § 16–205.1 of this subtitle or a substantially similar 2
law of another jurisdiction. 3
2. Alcohol–related or drug–related driving incidents 4
committed at the same time or arising out of the same circumstances may not be considered 5
separate alcohol–related or drug–related driving incidents for the purpose of this 6
subparagraph. 7
3. Notwithstanding paragraphs (1) through [(5)] (6) of this 8
subsection, the Administration may reinstate a license or privilege to drive only if, after an 9
investigation of an individual’s habits and driving ability, the Administration is satisfied it 10
will be safe to reinstate the license or privilege of an individual who has been: 11
A. Involved in any combination of three or more separate 12
alcohol–related or drug–related driving incidents; 13
B. Involved in a vehicular accident resulting in the death of 14
another person; or 15
C. Convicted of a violation for failing to stop after a vehicular 16
accident resulting in bodily injury or death. 17
[(7)] (8) Except as otherwise provided in this title, before issuing a new 18
license, the Administration shall require the applicant to submit to the examinations that 19
it considers appropriate. 20
16–404.1. 21
(d) (1) (i) Notwithstanding subsection (c) of this section, an individual 22
shall be a participant if: 23
1. The individual is convicted of, or is granted probation 24
before judgment under § 6–220 of the Criminal Procedure Article for, a violation of § 25
21–902(a) or (b) of this article; 26
2. The individual’s license is suspended or revoked under § 27
16–205 of this title for a violation of § 21–902(b) of this article or under § 16–404 of this 28
subtitle for an accumulation of points under § 16–402(a)(29) of this subtitle for driving while 29
impaired by alcohol; 30
3. The individual’s license is suspended or revoked under § 31
16–205 of this title or § 16–402(a)(38) of this subtitle for a violation of § 21–902(a) of this 32
article; 33
HOUSE BILL 70 5
4. The individual’s license is revoked under § 16–205(b) of 1
this title or suspended or revoked for an accumulation of points under § 16–402(a)(37) of 2
this subtitle for: 3
A. Homicide by motor vehicle while under the influence of 4
alcohol or alcohol per se, homicide by motor vehicle while impaired by alcohol, or homicide 5
by motor vehicle while impaired by a combination of one or more drugs and alcohol; [or] 6
B. Life–threatening injury by motor vehicle while under the 7
influence of alcohol or alcohol per se, life–threatening injury by motor vehicle while 8
impaired by alcohol, or life–threatening injury by motor vehicle while impaired by one or 9
more drugs and alcohol; or 10
C. FAILURE TO REMAIN AT THE SCENE OF AN ACCI DENT 11
THAT RESULTS IN THE DEATH OR BODILY INJU RY OF ANOTHER PERSON ; OR 12
5. The individual is required to be a participant by a court 13
order under § 27–107.1 of this article. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2025. 16