Activists push for expanded interlock use in Maryland DUI cases

March 07, 2014

A growing number of states nationwide have passed laws requiring ignition interlock devices for all drivers convicted of driving under the influence -- and some say Maryland could be next.

An ignition interlock device, or IID, is a breath-testing device similar to a Breathalyzer that determines whether the driver of a car has been drinking. The device is integrated with the vehicle's ignition system and prevents it from starting if it detects alcohol levels above a certain threshold on the driver's breath. To prevent drivers from bypassing the system, many interlock devices also require additional breath samples at irregular intervals while the vehicle is running, and some even use cameras to ensure that it is the driver who provides the sample.

Nationwide, 20 states require mandatory IID use by all drivers convicted of DUI, including first-time offenders. Many other states require interlock use only in certain cases, such as those involving drivers with very high blood alcohol (BAC) levels or multiple DUI convictions, or at the discretion of the judge.

Maryland ignition interlock law

In Maryland, ignition interlocks are currently required for drivers who are convicted of two or more alcohol-related driving offenses within a five-year period, and for those who are convicted of driving with a BAC of 0.15 or higher. Participation in the ignition interlock program is also required for anyone convicted of underage DUI.

Maryland drivers convicted of DUI can also be required to participate in the ignition interlock program if a judge orders it, regardless of whether the case involves any of the circumstances described above. Failure to participate in the Maryland ignition interlock program can result in license suspension or revocation, as well as potential fines and even imprisonment.

Interlock violations

Installing an ignition interlock device is the first step toward compliance for those who are required to participate in the program, but the requirements do not stop there -- and neither do the potential pitfalls. In fact, besides simply failing to have the device installed, there are several other ways that Maryland drivers may be charged with interlock violations, including:
- Disabling the device or otherwise tampering with it.
- Falling behind on payments to the interlock provider.
- Not providing a follow-up breath sample when instructed to do so.
- Failing to attend scheduled monitoring sessions.
- Providing a breath sample that registers a BAC of 0.025 or higher.

Maryland drivers who are accused of DUI or interlock violations are encouraged to seek help from an experienced DUI defense lawyer. An attorney with experience in these matters can help drivers protect their rights and provide them with the best chance of a favorable outcome.

Article provided by Saller & Bishop
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