What is the Ignition Interlock Device

As defense attorneys, David Martella and Raquel Smith, often encounter clients who are required to use an ignition interlock device (IID) as part of their DUI/DWI penalty. We understand that the concept and functionality of such a device can be confusing, so we aim to shed some light on the subject for those who are new to it.

What is an Ignition Interlock Device (IID)?

An ignition interlock device is a breathalyzer for an individual’s vehicle. It requires the driver to blow into a mouthpiece before starting or continuing to operate the vehicle. If the IID detects alcohol on the breath, the engine will not start.

How does an IID work?

The IID is installed into the dashboard of a vehicle. Before the vehicle can be started, the driver must breathe into the device. If the analyzed result is higher than the programmed blood alcohol concentration (typically 0.025% BAC), the vehicle will not start.

In addition, the device requires random retests while the engine is running. If a retest records over the limit, an alarm (lights flashing, horn honking) will persist until the ignition is turned off, or a clean breath sample has been provided.

Legal Implications

When someone is charge with a DUI related offense, or found guilty of a DUI related offense, the MVA will seek to impose license suspension or license revocations. Driving with an interlock device is often an alternative to taking the suspension or revocation. Often it is the only alternative. Once installed, it is important to go to the MVA and have the MVA place an interlock restriction on the back of the driver’s license. This helps ensure that the driver is getting credit for all of the time he or she drives with the interlock device. The duration of the required interlock term is usually set by law, and can depend on a number of facts about a specific DUI event, and/or the defendant’s record.

Each month the driver must take the vehicle to the interlock installer to download data from the device. That data is sent to the MVA. If a violation of the interlock program is detected, the driver will be sent a violation notice. The driver’s interlock term will also be extended one month for each month that there is a reported interlock violation. If the driver records violations in four individual months, the driver will be removed from the program. The original suspension will be imposed. In many cases, after the drivers serves 30 days without a license, he or she can reenter the interlock program for the original full term, and will receive no credit for any prior months for which there was no violation. A person violates the interlock program if he or she:

(1) Receives a suspension, revocation, refusal, or cancellation of the individual’s driving privilege;

(2) Has the interlock device installed in a vehicle with an expired or invalid registration;

(3) Removes the interlock device without prior approval from the Administration;

(4) Operates a vehicle without an ignition interlock device installed in the vehicle;

(5) Tampers with, bypasses, damages, or otherwise removes or renders the ignition interlock device inoperable, or allows another individual to tamper with, bypass, or render the device inoperable;

(6) Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.025 percent, unless there is a subsequent test reading within 10 minutes that indicates a breath alcohol concentration below 0.026 percent;

(7) Fails to submit to a retest after starting the vehicle;

(8) Fails to operate the interlock-equipped vehicle at least 50 times during a reporting period as recorded on the interlock device;

(9) Fails to take the interlock-equipped vehicle to a scheduled monthly monitoring appointment with the service provider as set forth in Regulation .03F of this chapter;

(10) Fails to abide by the terms and conditions of the participant’s agreement with the service provider;

(11) Allows another individual to blow into the interlock device while the participant is operating the vehicle;

(12) Participates in any other act or use of the interlock device that poses a threat to highway safety; or

(13) Receives an Order of Suspension under Transportation Article, § 16-205.1, Annotated Code of Maryland.

If a driver receives a violation notice and believes the violation is accurate or the fault of the driver, it is important to take action immediately to collect evidence of the error and send it to the MVA. For example, the driver may receive a “power disconnect” violation because the vehicle needed repairs, and the mechanic disconnected the battery. In this instance, it is important to get receipts of the vehicle repair and send them to the MVA. Additionally, situations arise where an drunk relative or friend attempts to start the car, thereby recording a breath test above 0.025 BAC, or recording an attempted start without a test. Fortunately, interlock devices now take photos of the person blowing into the device. But the MVA is not going to know who blew into the device unless the client takes action to present information to the MVA that he or she was not the person attempting to start the car.

Additionally, if someone in the interlock program receives a routine traffic ticket, it is important to go to court for that ticket or pay it in a timely manner. Unpaid tickets — without a request for a trial — will result in a license suspension until the ticket is resolved. That suspension will result in removal from the interlock program (see #1 above), and the imposition of the original suspension or revocation that the driver avoided by installing the interlock device.

David Martella and Raquel Smith have enjoyed considerable success challenging MVA attempts to remove clients from the interlock program for obtaining four or more alleged violations. Often it is only necessary to prove, at a hearing, that one of those alleged violations was not the fault of the client. The client will then be allowed to resume the interlock program and successfully complete it (without having to start the term all over). However, we must be clear that violations that are “mistakes” still count as violations. For example, if a driver starts his car up on a cold morning and goes back into his house to get his coffee, this conduct will still count as a violation. If the driver fails to provide a “rolling retest” because she had the radio up too loud and did not notice the beeping device, asking for retest, it will still count as a violation. Therefore, the best way to avoid problems with the interlock is to be responsible and careful when driving and using the device.

When a driver has the interlock installed, the installer will usually have the driver watch a video explaining all the ways one can violate the interlock device. We recommend paying careful attention to that video and all the advice provided for avoiding violations. For example, it is often recommended to not eat at least 15 minutes before driving. Drivers should also rinse their mouths with water before driving, and avoid eating while driving. Certain foods, mouthwash, toothpaste, and perfumes can trigger false positives.

It is also very important to not remove the interlock device until the client receives notice from the MVA that the interlock term has been satisfied, and the device may be removed. Removing the device just a few days early can result in removal from the program, and may require the driver to repeat the entire original interlock term.

Interlock and Employment

The interlock device can cause significant problems for employment.

First, the interlock device may make it unrealistic for a person to drive their boss or their clients around in their personal vehicle. This is often a big problem for real estate agents.

If the client drives an employer provided vehicle for work (separate from his or personal vehicle) the client may be able to get an “employer provided vehicle exemption,” meaning that the client may drive a work vehicle for work purposes. At all other times, the client must drive his or her personal vehicle equipped with the interlock device. This is helpful if the client drives a work van, construction vehicles, limousines, etc. This is also useful when the client is a mechanic and has to drive client cars at work to test them for repairs.

If the client regularly rents other cars for work purposes, the client may not be able to do so during the interlock term. Rental companies will see the interlock restriction on the client’s license and will refuse to rent a vehicle to that client.

If the client has a Commercial Driver’s License, the law does not allow any type of restriction to be placed on a commercial driver’s license. In other words, one cannot have a CDL and be in the interlock program at the same time. A CDL driver might be able to temporarily give up his or her CDL, then get a regular non-CDL license with the interlock restriction. The driver will be able to drive his or her personal vehicle during the interlock term. But the driver will not be able operate any commercial vehicles while serving out the interlock term. This can sometimes result in the driver losing his or her job.

DO NOT make decisions about the interlock based on what you read here or elsewhere on the internet. We highly recommend that you always consult with experienced legal counsel before making decisions about traffic charges, license suspensions, and participation in the interlock program.

We believe in offering comprehensive legal guidance to our clients, including explaining the function and operation of ignition interlock devices. If you have any questions or need legal assistance, feel free to contact us at (301) 251-9001.