Understanding Ignition Interlock Devices and Maryland DUI Law

In Maryland, laws surrounding driving under the influence (DUI) are strict, and the state has implemented a range of measures to combat impaired driving. One such measure is the ignition interlock device program. Understanding ignition interlock devices and how they fit within Maryland DUI law is essential for those facing DUI charges, as well as for anyone who wishes to grasp the state’s approach to reducing drunk driving incidents. The use of these devices is mandated in many cases, and the consequences of non-compliance can be severe. With this in mind, it is important to delve into what these devices are, how they work, and the legal framework that governs their application in Maryland. Alpert Schreyer, LLC provides skilled legal representation to guide clients through the complexities of DUI cases, helping protect their rights and pursue the best possible outcomes.

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What is an Ignition Interlock Device?

An ignition interlock device is a breathalyzer that is installed in a vehicle. The device is designed to prevent the vehicle from starting if the driver’s blood alcohol concentration (BAC) exceeds a pre-set limit. Before the vehicle can be started, the driver must blow into the device, which measures their BAC. If the BAC is above the legal limit, the device will prevent the engine from starting. Additionally, the device may require the driver to perform random retests while the vehicle is in operation to ensure that they have not consumed alcohol after starting the vehicle.

These devices are part of a broader effort to keep intoxicated individuals from driving, thereby reducing accidents, injuries, and fatalities related to drunk driving. In Maryland, ignition interlock devices are commonly required for individuals convicted of DUI offenses, particularly in cases involving repeat offenders or those with especially high BAC levels at the time of arrest.

Andrew D. Alpert

Founding Partner

Michael J. Schreyer

Founding Partner

Michael Berman

Attorney

Jason Miller

Attorney

Maryland’s Ignition Interlock Program

Maryland’s ignition interlock program is administered by the Maryland Motor Vehicle Administration (MVA). The program requires certain DUI offenders to install and maintain an ignition interlock device in their vehicle as a condition of retaining or reinstating their driving privileges. The length of time that an individual must use the device can vary based on the specifics of their case, including their BAC at the time of the offense, whether they have prior DUI convictions, and whether they caused an accident while driving under the influence.

For some offenders, participation in the ignition interlock program is mandatory. This includes individuals who refuse to take a breathalyzer test when stopped by law enforcement, as well as those convicted of driving with a BAC of 0.15 or higher. Additionally, individuals who have multiple DUI convictions within a five-year period are also required to participate in the program.

The program is designed to provide offenders with a way to continue driving while ensuring that they do not operate a vehicle while intoxicated. By requiring the installation of ignition interlock devices, the state seeks to balance the need for public safety with the reality that many individuals rely on their ability to drive for work, family, and other responsibilities.

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How the Device is Installed and Monitored

Once a court orders an ignition interlock device, or the MVA mandates its use, the individual must have the device installed by a certified provider. The device is typically installed in the dashboard area of the vehicle and connected to the ignition system. The individual is responsible for all costs associated with the device, including installation, maintenance, and monitoring fees.

The device must be calibrated regularly to ensure that it is functioning properly and providing accurate readings. In Maryland, participants in the ignition interlock program must return to the service provider every 30 days for monitoring and maintenance. During these visits, the service provider will download data from the device, which is then reviewed by the MVA. Any violations, such as attempts to start the vehicle with a high BAC or failure to perform required retests, can result in additional penalties, including extension of the time required to use the device or even revocation of driving privileges.

Legal Consequences of Failing to Comply with the Program

The ignition interlock program in Maryland is not optional for those ordered to participate. Failure to comply with the program’s requirements can result in serious legal consequences. If an individual does not have the device installed by the deadline specified by the court or the MVA, or if they tamper with the device or attempt to circumvent its operation, they may face penalties, including fines, additional restrictions on their driving privileges, or even jail time.

Non-compliance can also result in the extension of the time that the individual is required to use the ignition interlock device. In some cases, repeated violations may lead to the permanent revocation of the individual’s driver’s license. Given the potentially severe consequences, it is crucial for individuals ordered to participate in the ignition interlock program to fully understand and adhere to its requirements.

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The Role of Ignition Interlock Devices in Reducing DUI Recidivism

Ignition interlock devices have been shown to be effective in reducing recidivism among DUI offenders. Studies have demonstrated that individuals who are required to use these devices are significantly less likely to be involved in subsequent DUI incidents compared to those who do not participate in an interlock program. By preventing impaired drivers from operating their vehicles, ignition interlock devices serve as both a deterrent and a safeguard against repeat offenses.

In Maryland, the use of ignition interlock devices is an important tool in the state’s efforts to reduce the rate of drunk driving. According to the National Highway Traffic Safety Administration (NHTSA), states that have implemented ignition interlock programs have seen a reduction in alcohol-related crashes and fatalities. The devices help to prevent individuals from driving while intoxicated, thereby protecting both the individual and the public at large.

Maryland DUI Law and Penalties for Offenders

In Maryland, DUI laws are stringent, and the penalties for violating these laws are severe. A first-time DUI conviction can result in fines, jail time, and the suspension of driving privileges. For repeat offenders, the penalties are even more significant, with longer jail sentences, higher fines, and extended periods of license suspension or revocation. In addition to these criminal penalties, individuals convicted of DUI may also be required to install an ignition interlock device as a condition of regaining their driving privileges.

Maryland’s DUI laws apply not only to alcohol impairment but also to impairment caused by drugs, whether illegal substances or prescription medications. The legal blood alcohol concentration (BAC) limit for drivers in Maryland is 0.08 percent. However, individuals can still be charged with DUI if their BAC is below this limit if there is evidence that their ability to operate a vehicle is impaired by alcohol or drugs.

The state also has a zero-tolerance policy for drivers under the age of 21. For these drivers, any detectable amount of alcohol in their system can result in DUI charges. Furthermore, commercial drivers face stricter BAC limits, with a legal limit of 0.04 percent.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

How Ignition Interlock Devices Fit into Maryland DUI Penalties

For individuals convicted of DUI in Maryland, the ignition interlock device program offers an opportunity to regain their driving privileges while ensuring that they do not drive under the influence. In many cases, participation in the program can allow offenders to obtain a restricted license, which permits them to drive to and from work, school, or medical appointments while their regular license is suspended.

The use of ignition interlock devices is often viewed as a more lenient alternative to a complete suspension of driving privileges. However, the program is not without its challenges. Individuals must adhere to strict requirements, including regular monitoring and maintenance of the device, and they are responsible for all associated costs. Nevertheless, for many offenders, the ignition interlock program provides a path to regain their driving independence while demonstrating their commitment to responsible behavior.

Seeking Legal Assistance in Maryland DUI Cases

For individuals facing DUI charges in Maryland, the legal process can be complex and overwhelming. Navigating the various legal requirements, including the ignition interlock program, requires a thorough understanding of Maryland DUI law. Those who have been charged with DUI should seek the assistance of an experienced legal team to ensure that their rights are protected and that they fully understand their obligations under the law.

An attorney can provide invaluable guidance in understanding the legal options available, including whether participation in the ignition interlock program is mandatory or voluntary, as well as the potential consequences of non-compliance. Additionally, a skilled lawyer can help individuals navigate the legal system, from challenging the evidence against them to negotiating with prosecutors and representing their interests in court.

If you or someone you know is facing DUI charges in Maryland and needs legal assistance, the dedicated legal team at Alpert Schreyer, LLC is here to help. With a deep understanding of Maryland DUI law and a commitment to protecting your rights, we will work diligently to guide you through the legal process and provide the representation you need. Contact us today for a consultation and let us help you navigate this challenging time with confidence.