Removed from the Ignition Interlock Program in Maryland? Here’s What Happens Next

If you’re participating in Maryland’s Ignition Interlock Program (IIP), it’s essential to know that multiple violations can get you removed from the program. But what exactly counts as a violation, and can you fight it? Let’s break it down.

Common Reasons for Removal from the Ignition Interlock Program

According to MD Code, Transportation, section 16-404.1, participants must:

Start their car without a BAC of 0.04 or higher
Submit to all random rolling retests
Appear for scheduled maintenance and calibration

If any of the following occurs four times in a three-month span, the Motor Vehicle Administration (MVA) may move to remove you from the program:

Attempting to start the car with a BAC of 0.04+
Failing or skipping a rolling retest (0.025+)
Missing a required service appointment that causes the device to stop functioning

However, not all violations are as clear-cut as they seem. For example, a failure to start the vehicle could happen if your car is in the shop or mechanically inoperable. Others may be refuted by camera footage or logs.

Can You Challenge Removal from the Program?

Yes, and you should. If the MVA notifies you of proposed removal, you have the right to request a hearing and challenge the alleged violations.

At FrizWoods, we regularly represent clients in these administrative hearings. Many supposed violations are:

Misattributed to the participant (another driver used the vehicle)
Related to equipment malfunction or improper calibration
Caught on camera and do not show alcohol use
Due to circumstances beyond your control (like vehicle repairs)

We can help you gather evidence, review the violation reports, and present a strong defense before the Office of Administrative Hearings (OAH).

What Happens If You Don’t Challenge the Removal?

If you accept removal or lose a hearing:

You face immediate license suspension or re-revocation depending on your original violation
You must wait 30 days before reapplying (MD Transp. Code 16-404.1§)
Once re-enrolled, you must complete the full original program duration with no credit for prior time served

For legal help with MVA hearings, visit our DUI defense page.

Can the Court Order Removal or Extensions?

Yes. Under � 21-902.2, courts may order ignition interlock as part of sentencing, and they may specify a period longer than the MVA minimums. If you violate court-ordered conditions, the penalties can be more severe, and may include criminal contempt or additional jail time.

Violating subsections (d) through (g) including tampering, soliciting others to blow, or furnishing a non-equipped vehicle can carry up to 2 months in jail or a $500 fine

How to Avoid Removal

Blow clean: Never attempt to start your vehicle with any alcohol in your system.
Comply with rolling tests: These ensure continued sobriety while driving.
Attend all appointments: Missed service visits count as violations if they disable the system.
Maintain proper documentation: If your vehicle is inoperable, let your service provider and the MVA know in writing.

Linked Resources

FAQs

Q: Can I challenge my removal from the Program?

A: Yes. You can request a hearing and present evidence showing why the violations are incorrect or unjustified. Our firm can assist you in preparing and representing you at that hearing.

Q: Do I have to use the same service provider if I re-enroll?

A: No, but you must use an MVA-approved provider.

Q: Is removal from the program a new criminal offense?

A: Not by itself�but violations like tampering with the device can carry criminal penalties.

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