Election to participate in the Interlock program
As explained in the breathalyzer section your refusal to submit to a test, or if you did, and received an alcohol concentration of 0.15 or more at the time of testing, you may be eligible to participate in the Ignition Interlock System Program for one year, under TR 16-404.1. (NOTE, HOWEVER, you may have a valid defense concerning this issue so call me FIRST.) In lieu of a hearing, if there is no legal defense concerning either one of the above scenarios, you may wish to participate directly in this program. You may also request a hearing, but unless one has a valid defense this would not be a good idea since the Hearing Law Judge does not have to allow you to participate in this program.
ELIGIBILITY FOR THIS PROGRAM:
- Your driver’s license may not currently be suspended, revoked, canceled, or refused;
- You were not charged with a moving violation arising from the same circumstance as your Order of Suspension involving serious physical injury or death of another person, and
- Within thirty (30) days of the date of this order of suspension you must:
- Elect in writing to participate in the ignition interlock system program for 1 year by completing and returning the bottom portion of the form given to you by the arresting officer;
- Have an ignition interlock system installed in your vehicle by one of the approved interlock system providers listed on said sheet
- Surrender to the Motor Vehicle Administration your valid Maryland driver’s license, or in the event your license is not in your possession, sign a certified statement that your license is no longer in your possession; and
- Take the sealed enrollment form from the service provider and this form (referred to above) to any full service MVA office to obtain a Maryland Driver’s License restricted to the operation only of vehicles equipped with an ignition interlock device.
CURRENT APPROVED PROVIDERS
- National Interlock Service 1-800-374-5760
- Smart Start 1-800-880-3394
- Draeger Interlock of Md. 1-800-332-6858
- Guardian Interlock Services 1-800-499-0994
- Alcohol Detection Systems 1-800-786-7394
HOW DOES AN INTERLOCK DEVICE WORK?
An ignition interlock device means a device that connects a motor vehicle’s ignition system to breath analyzer that measures a driver’s alcohol concentration and prevents a motor vehicle ignition from starting the motor vehicle if the driver’s alcohol concentration exceeds the calibrated setting on the device. The device also records certain information about its use that is reviewed by the service provider every thirty days.
To activate the device the driver must blow into a mouthpiece connected to the device, allowing the device to measure the driver’s breath alcohol content. If this device registers at certain levels it will not allow the vehicle to start. The device will ask for additional retests while the vehicle is being driven. It is not necessary to stop driving while taking a retest.
VIOLATION OF THE PROGRAM:
Participants who are found to have violated any of the program provisions will be subject to removal from the program and the MVA will impose the full period of suspension specified under 16-205.1. Violation of the program rules and requirements include, but are not limited to the following:
- Failure to have the ignition interlock device installed and obtain a Maryland driver’s license restricted to the operation only of a vehicle equipped with an ignition interlock device;
- Failure to appear for the required monthly monitoring visit every thirty days;
- Operating a motor vehicle equipped with a functioning interlock device approved for use this program:
- Failure to abide by the terms and conditions of the service agreement with the interlock service provider, including payment of all costs and fees associated with the program;
- Tampering with, bypassing, or otherwise removing or rendering inoperable the interlock device, or allowing someone else to do the same;
- Attempting to start or operate the vehicle with a .025 BAC or higher;
- Failure to submit to retests after starting the car;
- Any license suspension or revocation imposed while participating in the program.
Any questions? Please call 410-244-3030
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