Ignition Interlock Devices in Annapolis DUIs
An ignition interlock device is part of a program in which a person may be required to enroll through the Motor Vehicle Administration (MVA). The ignition interlock device is installed in a person’s vehicle, and requires them to breathe into it to start the vehicle, as well as randomly throughout the driving period. If a person is driving a car for over an hour, they may get asked to breathe into the device a couple of times. They must pass the BAC test, otherwise, the vehicle will be disabled.
Ignition interlock is a burden, but it allows a person to drive anywhere they want at any time. To help negotiate the installation of an ignition interlock device in someone’s Annapolis DUI case, a DUI attorney will be essential and can help someone understand the advantages and disadvantages to installation.
Penalties Which Lead to Interlock Devices
The ignition interlock program is now required for anyone who is convicted of or receives a PBJ for an alcohol-related DUI offense (§ 21-902(a) and (b)), or for anyone whose license is suspended for an accumulation of points for an alcohol-related DUI offense. Previously, courts had discretion whether to order ignition interlock in most cases for a person who received a PBJ for driving under the influence of alcohol.
An ignition interlock device is a small breathalizer that is connected to a vehicle’s ignition to stop a driver from starting their car if the breathalizer detects alcohol. The device must be professionally installed by one of the Maryland Motor Vehicle Administration’s approved interlock providers. The list of approved providers can be found by clicking HERE. A person must participate in the ignition interlock program for 6 months for a first offense, one year for a second offense, and three years for a third or subsequent offense. The clock begins to run once the driver brings proof of installation of the device to the MVA.
Once the MVA receives proof of installation of the ignition interlock device, the driver will be issued an interlock-restricted driver’s license. The driver is only permitted to drive a vehicle fitted with the ignition interlock device and will incur criminal and monetary penalties for failing to comply with the license restriction.
Purpose of Interlock Devices
The MVA and Mothers Against Drunk Driving (MADD) believe installing ignition interlock devices in Annapolis DUI cases makes for a helpful tool to keep drunk drivers off the road. It means that the driver in the vehicle will not be causing any accidents on the road due to intoxicated driving.
The device connects to the ignition system to start a person’s vehicle and to keep the vehicle running as long as a breath analysis is done to measure the BAC content of the driver. That prevents the vehicle from starting or being driven if the calculated alcohol content in the breath exceeds the legal calibrated limit of 0.025 (though, ideally, it would be zero).
The person who owns the vehicle is responsible for paying for that installment as well as a monthly fee for system maintenance, After this monthly maintenance report, where the system is checked and recalibrated, a report is generated and submitted to the MVA.
Advantages
The main advantage of the ignition interlock device is that it allows a person to drive even while on a probation period, and they can drive anywhere. If a person wanted to drive from Maryland to Florida and back, as long as they are back in time to have their calibration day at the place that they have supposed to and does it in a timely manner, there will be no issues.
However, interlock ignition devices are very strictly regulated, and it must be understood that there are a lot of rules a person must follow. Information about the device and how to use it should be read carefully, and if anyone had more concerns on the regulations and advantages of an ignition interlock device when issued after their Annapolis DUI case, they should work with an experienced DUI attorney to be sure of all of the correct information.
Failing a BAC
This limit is so low that there is often concern that hand sanitizers, mouthwash, and other products with traces of alcohol could result in a false positive. To correct this problem, the system is calibrated and installed by a certified MVA company, of which there are only six in the state of Maryland.
A person’s job is not to fail the BAC at all. If a person fails on the first blow with their ignition interlock device after a DUI in Annapolis, the system will count down from 300 seconds or will give the person the five-minute window within which time they must give a second breath, or the try will automatically be registered as a fail.
If a person does receive a fail, the MVA will extend the person’s time with the device by one month. If a person fails three times, they will receive the last warning, and after four times, stricter action will be taken. The person will typically have to start all over again from the very beginning or take a suspension. Contact our firm for legal help.
