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Published on 4/17/2024, 1:23:00 PM

New Ignition Interlock Requirement in Maryland DUI/DWI Cases

The state has recently passed significant amendments to the DUI/DWI laws, particularly regarding the Ignition Interlock System Program. This page provides a comprehensive overview of the new requirements, how they may impact individuals granted a probation before judgment on DUI/DWI offenses, and the advantages of consulting with experienced legal counsel during this time.

Overview of the Ignition Interlock System Program

What is the Ignition Interlock System Program?

The Maryland Administration has established the Ignition Interlock System Program to reduce repeat offenses by ensuring that drivers convicted of DUI/DWI offenses can only operate vehicles equipped with ignition interlock devices. These devices require the driver to pass a breathalyzer test before the vehicle can start.

Who Must Participate?

Under the new Maryland Transportation Article 16-404.1, you may be required to participate in this program if:

  • Your license was suspended or revoked for a DUI/DWI offense involving drugs or alcohol.
  • You were convicted of or received probation before judgment for any DUI/DWI violation
  • You have had your license suspended or revoked due to the accumulation of points for impaired driving offenses.

Mandatory Participation Criteria

According to the latest legislation, you will be mandated to participate in the program if:

  • You are convicted or granted probation before judgment under specific sections of the Criminal Procedure Article for DUI/DWI offenses.
  • Your offense involved a minor, or you were driving while impaired by alcohol and your license was previously suspended for similar violations.
  • A court order or administrative regulation requires your participation as part of license reinstatement or modification procedures.

New Requirements for DUI/DWI Offenders

The law now stipulates that:

  • First-time participants must enroll in the program for a minimum of six months.
  • Second-time offenders are required to participate for at least one year.
  • Individuals with three or more offenses must participate for three years, with potential extensions based on court orders or additional administrative rules.

Consequences of Non-Compliance

Failure to comply with the Ignition Interlock System Program can result in:

  • Extended suspension of your driving privileges until you successfully complete the program.
  • Additional legal penalties or reinstatement issues, especially if non-compliance occurs as part of a probation before judgment scenario.

Benefits of Hiring FrizWoods LLC

Navigating the complexities of new DUI/DWI laws can be challenging. Here's how FrizWoods LLC can assist you:

  • Expert Legal Representation: Our experienced attorneys can help you understand your rights and obligations under the new laws.
  • Program Compliance: We assist in ensuring you meet all program requirements, which can be crucial for restoring your driving privileges.
  • Defense Strategies: If you're facing a DUI/DWI charge, we provide aggressive representation to help reduce the impact of the charge on your life.

Frequently Asked Questions

1. What is an ignition interlock device?
An ignition interlock device is a breathalyzer for an individual's vehicle. It requires the driver to exhale into the device, ensuring that they are not impaired before the vehicle can start.

2. How long will I be required to use the ignition interlock device?
The duration depends on your specific case details, including whether it's your first, second, or subsequent offense, and any additional requirements imposed by the court or administrative rules.

3. Can I avoid participating in the Ignition Interlock System Program?
It is possible to avoid ignition interlock in a DUI/DWI case; however, only if you are found not guilty AND overcome any potential administrative sanctions under 16-205.1

4. What happens if I fail an interlock device test?
Failing a test can lead to an extension of the program duration and other penalties. Continuous failures may result in further legal consequences including being removed from the program.

5. How can FrizWoods LLC help if I'm required to participate in the program?
We can provide legal advice, assist in managing the administrative aspects of program participation, and represent you in any related legal proceedings.

For further information or to schedule a consultation, visit our website or contact FrizWoods LLC directly.

Remember, the right legal support can make a significant difference in managing the implications of DUI/DWI laws on your life.