What Is the Ignition Interlock Program?
The Ignition Interlock Program is administered by the Maryland Motor Vehicle Administration. An ignition interlock device is a camera-enabled breath-testing unit connected to a vehicle’s ignition. The driver must provide a breath sample before the vehicle will start. If the sample registers a blood alcohol concentration above the programmed limit, the vehicle will not start. Participation may be required by statute, ordered by a court, or ordered by an administrative law judge. In some cases, a person may elect to participate in the program in lieu of serving a full license suspension.
When Is Participation Required?
Under Transportation Article § 16-404.1, participation is required for a person who receives a Probation Before Judgment or a conviction for driving under the influence of alcohol or driving while impaired by alcohol. Participation is also required for certain convictions involving homicide or life-threatening injury by motor vehicle while impaired. The MVA states that a person with a Probation Before Judgment or conviction for DUI or DWI shall participate in the program. The required period depends on the facts. A result of 0.08 to under 0.15 generally requires 180 days. A result of 0.15 or higher, or a refusal of the evidentiary test, generally requires one year. Subsequent requirements can be longer.
How Does Interlock Interact with the Administrative Suspension?
After a DUI arrest, the MVA issues an Order of Suspension. A person who is eligible may elect to install an interlock device and enroll in the program within the time allowed by the Order of Suspension, typically 30 days. Electing interlock can allow the person to continue driving in a vehicle equipped with the device instead of serving the full administrative suspension. Commercial driver’s license holders must downgrade to a non-commercial license to participate. The administrative suspension and any criminal sentence are independent of each other.
Where Are Related Proceedings Handled in Baltimore County?
The administrative process, including any MVA hearing and interlock enrollment, is handled by the Motor Vehicle Administration and is separate from the criminal case. The criminal DUI or DWI case begins in District Court in Towson, Essex, or Catonsville. Because the maximum penalty for a first-offense DUI exceeds 90 days, the defendant may pray a jury trial and move the case to the Circuit Court for Baltimore County, which sits only in Towson. A court must also order interlock participation as a condition of Probation Before Judgment or probation.
What Happens If a Person Does Not Comply with Interlock Requirements?
Failure to install the device, to enroll with the MVA, or to comply with the program rules can result in the full suspension taking effect or in additional administrative action. A subsequent violation of the program can lead to removal from the program and reinstatement of the suspension. The MVA monitors compliance through reports from the interlock provider. Maintaining compliance is necessary to preserve any driving privileges granted through the program.
What to Do If You Are Facing Interlock Requirements
If you are facing a DUI or DWI charge in Baltimore County and may be required to participate in the Ignition Interlock Program, contact experienced counsel promptly. Shepard Law represents clients in both the criminal and administrative aspects of DUI and DWI cases in Towson, Essex, Catonsville, and the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense attorney Stephen P. Shepard can review the facts and explain the options for the hearing and the interlock program.
Yes. A Probation Before Judgment or conviction for DUI or DWI requires participation in the Ignition Interlock Program under Transportation Article § 16-404.1.
A result of 0.15 or higher, or a refusal of the evidentiary test, generally requires one year of participation. A result of 0.08 to under 0.15 generally requires 180 days.
Yes. Eligible persons may elect to install an interlock device and enroll in the program within the time allowed by the Order of Suspension, typically 30 days.
Yes. A person who holds a commercial driver’s license must downgrade to a non-commercial license to participate in the Ignition Interlock Program.
Failure to install the device, to enroll with the MVA, or to follow the program rules can result in the full suspension taking effect or in additional administrative action.
