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The ignition interlock device is a breathalyzer attached to a vehicle’s ignition system. Before a vehicle can be started, the driver must blow into the device. If alcohol is detected above a very low amount, the vehicle will not start. These devices are professionally installed by providers approved by the Maryland Motor Vehicle Administration (MVA), and participants in the program must comply with specific legal requirements during their use. The list of approved providers can be found by clicking HERE.

https://mva.maryland.gov/about-mva/Pages/info/26200/interlock.aspx

Before October 1, 2024, if you received a probation before judgement disposition for a DUI or DWI, you were not required to enter the ignition interlock program.  That decision was left to a judge who could determine the facts of each particular case. Under the new law, codified in Maryland Transportation Article Section 16-404.1 of the Maryland Transportation Article, anyone convicted of or receiving probation before judgment (PBJ) for a DUI or DWI (Transportation Article § 21-902(a) and (b)), or for anyone whose license is suspended for an accumulation of points for an alcohol-related DUI offense will be required to install the device.

 

  • First-time DUI offenders are required to participate in the program for a minimum of six months.
  • Second-time offenders must use the device for at least one year.
  • Third or subsequent offenders will be required to use the device for three years.

 

The MVA will not credit time in the program until 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.  These could include license suspension; violation of probation, including potential incarceration and the reinstatement of a conviction and additional monetary penalties may apply for failing to adhere to the interlock requirements.

Fortunately, for those who are required to drive a work vehicle, there can be exemptions for driving employer vehicles.  Unfortunately for those with a commercial driver’s license (CDL), having the interlock restriction is technically considered a suspension which prohibits you from driving a commercial vehicle.

It is important to consult an experienced criminal defense attorney if you have been charged with a DUI or DWI to protect your rights and advise you throughout the process including hearings with the Maryland Motor Vehicle Administration.