Ignition Interlock Devices in Maryland
In certain DUI cases an ignition interlock device may be required in order for the accused to continue driving. With this in mind, the following is information on when this device may come into play and some issues that may arise. To learn more about this device and whether you have options, call and schedule a consultation with a Maryland DUI lawyer today.
When an Ignition Interlock is Required
In order to be facing the position of having to get an interlock device in your car, a driver must have taken a breath test and either the breath test result was at 0.15 or greater or they refused to take a breath test. Under either circumstance, the state is only going to allow that person to drive their car only if the interlock device is placed in their vehicle.
If this happens, a Maryland DUI attorney can review the circumstances under which a person was stopped and asked to take the breath test and they can also review the facts of how the test was actually taken. The driver might have a defense and a successful argument to show that the interlock device should not be placed in their car. For example, if the individual was not properly advised of their rights regarding the breath test and not properly advised of what sanctions could occur if they take the breath test or don’t take the breath test, then this improper advisement could potentially be used as a defense at an MVA hearing and if successful, the driver would not have to get the interlock device placed in their car.
Attitude Toward Interlock Devices
It’s a very personal decision as to whether or not somebody wants to have the interlock device placed in his or her car. For a lot of people, it’s a very tough decision because they typically only have two choices: to not drive at all or to drive with a very complicated, disruptive device in their car. In Salisbury and other rural areas, there is not a large amount of mass transit available to people. There is no regular bus system available, city bus system, and there are not that many taxi companies which means a lot of people rely very heavily on driving themselves to and from work or to doctor’s appointments, etc. They may feel that they have no choice but to get the interlock device installed in their car.
With that said, for some families in Maryland, the device can be a huge imposition depending on how many people operate that car and/or if there is a car available to have the interlock system placed in. It makes sense that some people want to fight having the interlock device in their car.
Issues With Ignition Interlock Devices
Some people are struggling with sobriety and are regularly consuming alcohol, so they are not going to be able to successfully blow into the device and not have alcohol on their breath and it will appear that they have alcohol in their system. Unfortunately, these people are their own worst enemies and they cannot successfully have the interlock device on the car because they are not able to really stop drinking alcohol and/or maintain their sobriety.
It’s important to remember that the interlock device in Maryland is a very expensive and cumbersome device. It’s not cumbersome because it’s so large; rather, it is a problem for the driver who has to take the time to blow into the device before they can start the car. Additionally, drivers have to be able to randomly provide samples of breath in order to continue driving and the device has to be installed, which costs money.