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ELECTION TO PARTICIPATE IN THE IGNITION INTERLOCK SYSTEM PROGRAM

If you refuse to submit to a test, or submit to a test indicating an alcohol concentration of 0.15 or more at the time of testing you may elect to participate in the ignition Interlock System Program (Program) for one year, under TR§16-404.1.  Instead of requesting a hearing on the Order of Suspension, you must enroll in this program within thirty (30) days.  However, if you request a hearing, you may not also elect to participate in the program.  If you choose to request a hearing and the Administrative Law Judge (ALJ) upholds the Order of Suspension, the decision whether to allow you to participate in the Program, in lieu of the license suspension, will be made by the ALJ. 

To be eligible you must meet the following conditions: 

1.  Your driver’s license is not currently suspended, revoked, canceled, or refused; 

2.  You were not charged with a moving violation arising from the same circumstance as your Order of Suspension involving the serious physical injury or death of another person; and 

3.  Within thirty (30) days of the date of this Order of Suspension you must: 

• Elect in writing to participate in the Ignition Interlock Program for 1 year by completing and returning the bottom portion of the form;

• Have an ignition interlock system installed in your vehicle by one of the approved Interlock Service Providers listed below;

• Surrender to Motor Vehicle Administration (MVA)link 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 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. 

MVA approved Interlock Service Providers – Maryland

How does an interlock device work? 

An ignition interlock device means a device that connects a motor vehicle’s ignition system to a breath analyzer that measures a driver’s alcohol concentration and prevents a motor vehicle ignition from starting the motor vehicle if a 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. 

The driver must blow into a mouthpiece connected to the device, allowing the device to measure the driver’s breath alcohol content (BAC).  If the device registers a BAC of .025 or higher, 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 the retest. 

Violations of the Ignition Interlock 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 in §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 vehicles equipped with an ignition interlock device; 

• Failure to appear for the required monthly monitoring visit every thirty (30) days; 

• Operating a motor vehicle not equipped with a functioning interlock device approved for use in 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.

Accident Lawyers in Maryland, Virginia & Washington DC

For over fifteen years the attorneys at Portner & Shure have been representing victims injured in automobile accidents.  You may request a free consultation with our personal injury accident lawyers in Maryland, Virginia & Washington D.C., to make sure you get the benefits you are entitled to.

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