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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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SENATE BILL 38
R5 6lr0147
(PRE–FILED) CF HB 286
By: Chair, Judicial Proceedings Committee (By Request – Departmental –
Transportation)
Requested: September 26, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 25, 2026
CHAPTER ______
AN ACT concerning 1
Vehicle Laws – Ignition Interlock System Program – Required Participation 2
FOR the purpose of requiring an individual to be a participant in the Ignition Interlock 3
System Program as a condition of modification of a suspension or revocation of a 4
license or issuance of a restricted license if the individual violated certain alcohol 5
restrictions; and generally relating to required participation in the Ignition Interlock 6
System Program. 7
BY repealing and reenacting, without amendments, 8
Article – Transportation 9
Section 16–404.1(a) through (c) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Transportation 14
Section 16–404.1(d)(2) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
2 SENATE BILL 38
Article – Transportation 1
16–404.1. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) “Approved service provider” means a person who is certified by: 4
(i) The Administration to service, install, monitor, calibrate, and 5
provide information on ignition interlock systems; and 6
(ii) A manufacturer to be qualified to service, install, monitor, 7
calibrate, and provide information on ignition interlock systems. 8
(3) “Manufacturer” means a person who manufactures ignition interlock 9
systems and who certifies tha t approved service providers are qualified to service, install, 10
monitor, calibrate, and provide information on ignition interlock systems. 11
(4) “Participant” means a participant in the Ignition Interlock System 12
Program. 13
(5) “Program” means the Ignition Interlock System Program. 14
(b) (1) The Administration shall establish an Ignition Interlock System 15
Program in accordance with this section. 16
(2) The Administration shall establish a protocol for the Program by 17
regulations that require certain minimum standards for all service providers who service, 18
install, monitor, calibrate, and provide information on ignition interlock systems and 19
include requirements that: 20
(i) A service provider who applies to the Administration for 21
certification as an approved service provider shall demonstrate that the service provider is 22
able to competently service, install, monitor, calibrate, and provide information to the 23
Administration at least every 30 days on individuals required to use ignition interlock 24
systems; 25
(ii) A service provider who applies to the Administration for 26
certification as an approved service provider shall be certified by a signed affidavit from 27
the manufacturer that the service provider has been trained by an authorized 28
manufacturer and that the service provider is competent to service, install, monitor, 29
calibrate, and provide information on ignition interlock systems; 30
(iii) Approved service providers be deemed to be authorized 31
representatives of a manufacturer; and 32
SENATE BILL 38 3
(iv) Any service of notice upon an approved service provider, who has 1
violated any laws or regulations or whose ignition interlock system has violated any laws 2
or regulations, be deemed as service upon the manufacturer who certified the approved 3
service provider. 4
(c) An individual may be a participant if: 5
(1) The individual’s license is suspended or revoked under § 16–205 of this 6
title for a violation of § 21 –902(c) of this article or § 16 –404 of this subtitle for an 7
accumulation of points under § 16–402(a)(29) of this subtitle for driving while impaired by 8
a drug, a combination of drugs, or a combination of one or more drugs and alcohol; 9
(2) The individual’s license has an alcohol restriction imposed under § 10
16–113(g)(1) of this title; or 11
(3) The Administration modifies a suspension or issues a restricted license 12
to the individual under § 16–205.1 of this title. 13
(d) (2) (i) Notwithstanding subsection (c) of this section, an individual 14
shall be a participant as a condition of modification of a suspension or revocation of a license 15
or issuance of a restricted license if the individual: 16
1. Is required to be a participant by a court order under § 17
21–902.2 of this article; [or] 18
2. Was under the age of 21 years on the date of a violation by 19
the individual of[:] § 21–902(C) OF THIS ARTICLE; OR 20
[A.] 3. [An] VIOLATED AN alcohol restriction imposed 21
under [§ 16–113(b)(1) of] this title[; or 22
B. § 21–902(c) of this article]. 23
(ii) If an individual is subject to this paragraph and the individual 24
fails t o participate in the Program or does not successfully complete the Program, the 25
Administration shall suspend the individual’s license for 1 year. 26
(iii) Nothing contained in this paragraph limits the authority of the 27
Administration to modify a suspensio n imposed under this paragraph to allow an 28
individual to be a participant in accordance with subsection (e) or (o) of this section. 29
(iv) The Administration shall issue a restricted license to an 30
individual who is required to participate in the Program under this section and who is 31
otherwise eligible. 32
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 33
October 1, 2026. 34