MARYLAND MOTOR VEHICLE IGNITION INTERLOCK PROGRAM

IGNITION INTERLOCK DEVICE

The ignition interlock device (“IID”) connects the vehicle’s ignition system to a breath analyzer. Before the offender can start the car, the individual must breathe into the device, which is calibrated to lock the ignition if the breath–alcohol level exceeds a preprogrammed level.

An ignition interlock interrupts the signal from the ignition to the starter until a valid breath sample is provided that meets minimal alcohol guidelines in that state. At that point, the vehicle can be started as normal.

The devices are also programmed for “rolling retests” at intervals while the car is in operation. The purpose of this is to prevent someone other than the driver from providing a breath sample. If the breath sample isn't provided, or the sample exceeds the ignition interlock's preset blood alcohol level, the device will log the event, warn the driver, and then start up an alarm (e.g., lights flashing, horn honking) until the ignition is turned off, or a clean breath sample has been provided.

IIID ELEMENTS Ignition interlocks are comprised of four basic

elements: 1. A breath alcohol sensor installed in the passenger compartment

of a vehicle con nected to a control unit in the engine compartment that allows the engine to start only upon an acceptable breath test;

2. A tamper-proof system for mounting the control unit in the engine compartment;

3. A data-recording system that logs breath test results, tests compliance, and other data required by a state; and

4. A retest system which requires the driver to provide another breath sample to ensure that the driver remains alcohol-free at varying intervals (such as every 10 to 15 minutes).

WHY WAS THE IID CREATED?

Alcohol-impaired driving kills more than 10,000 people in the United States each year. To combat this continuing traffic safety problem, all states have enacted legislation requiring or permitting the use of breath alcohol ignition interlock devices.

3 TYPES OF IID PROGRAMS

Administrative A Department of Motor Vehicles or similar agency

requires the installation of an interlock device as a condition for license reinstatement.

Judicial The courts mandate an interlock device for offenders,

either pre-trial or post-conviction.

Hybrid Includes a mix of administrative and judicial method.

MARYLAND SYSTEM MD has a Hybrid system, which includes

Administrative and a Judicial method. Additionally, MD is one of the few states that uses a

Medical Advisory Board. Furthermore, MD allows in rare and extreme

circumstances for there to be a vehicle override in cases of emergency.

The vendors may allow for the override and the vehicle locks w/in 24 hours if not reset by the service provider.

MARYLAND AND IID Participants in the Ignition Interlock Program are responsible

for all costs associated with program participation. This includes the installation and monthly maintenance costs of

the ignition interlock device and the cost for obtaining a restricted driver's license:

$47 for the J restriction driver’s license $20 to remove the restriction from the license $150-200 for installation fee $65-90 for monthly calibration fee

Once the ignition interlock device is installed and the individual obtains the restricted license, they will be expected to return every 30 days to the Ignition Interlock Service Provider who installed the device.

MARYLAND IID VENDORSMaryland currently approves 5 vendors

to install the IID:Alcohol Detection System (ADS)Drager Interlock Guardian Interlock LifeSafer Interlock Smart Start

MARYLAND IID VENDORS CONTINUED The vendors will collect information captured by the device and forward that

information to the MVA. The vendors also will make sure the device is operating correctly.

The vendor must apply to the MVA for approval, once approved the MVA does a yearly inspection of the vendors and the vendors are responsible for training and service to enrollees.

All vendors must maintain a 24-hour help line to assist with emergency issues.

The vendors prepares a report for the MVA each month that includes information about:

The driver, the vehicle, and other program information;

Any instances where the participant had a high blood alcohol concentration (BAC);

Any instances where the participant tried to start the vehicle without taking the test;

Any instances where the participant failed the rolling retest or refused to take it;

Any bypass of the device, which is if the participant tampered with or disconnected the device;

The number of times the participant vehicle was started and stopped; and

The distance traveled by the participant’s vehicle.

MVA AND IID MVA updates participant's driving record to

reflect “Court Order Interlock Restriction “ Restriction starts on the day the order was

signed.

If participant’s driving privilege is not suspended or revoked, and the participant has not obtained an Interlock restricted license: The MVA sends a letter advising them to

have the device installed and obtain a restricted license within 15 days.

If participants fail to comply then the MVA sends notice of suspension for failing to comply.

Participants are offered an administrative hearing.

Participants still receive credit from the date of the court order.

If participant’s driving privilege is currently suspended or revoked:

The MVA sends a letter to the participant advising that when suspension or revocation is cleared they are required to comply with the interlock restriction before a license can be reissued.

Participants still receive credit from the date of the court order.

If participants enroll in the IID program:

The MVA sends a letter to the participant advising of enrollment, program rules and guidelines, as well as completion date, and procedures.

IID AND PARTICIPANTS Participating drivers are notified by letter that they are eligible for license

reinstatement pending enrollment in the program. Participants have 30 days to install the interlock in their vehicle or face

suspension for failure to comply. All drivers receive a restricted license that bars them from legally

operating a vehicle that does not have an ignition interlock installed. All drivers in the program are barred from operating any motor vehicle if they had any alcohol in their system.

The participants device must record at least 50 starts within their first 30-day monitoring period. If they arranged for alternative transportation they must notify the MVA of these arrangements in writing, or it may constitute a violation.

Each time the participants have one or more violations during a monitoring period, they will receive a letter of notification. If there is a fourth violation, they will be terminated from the program, and their original suspension or revocation will be imposed.

WHAT CONSTITUTES A VIOLATION OF THE IID PROGRAM?

Attempting to tamper, damage, or bypass the interlock device.

Attempting to start the vehicle with a BAC > .025.

MVA has a “5-minute retest rule” for positive BAC violations.

Failing to submit to a retest, or a retest resulting in a BAC > .025.

Low vehicle activity. 50 starts required within 30 days of

monitoring.

Failing to appear for required monthly monitoring visit.

Operating a non-interlock equipped vehicle.

WHAT HAPPENS AFTER A VIOLATION?

First violation:

MVA sends violation notice #1 and extends participants’ time by 30 days.

Second violation:

MVA sends violation notice #2 and extends participants’ time by an additional 30 days.

Third violation:

MVA sends violation notice #3 and extends participants’ time in program by an additional 30 days.

Fourth violation:

Participants are sent a removal notice advising that they are being removed and suspended for accumulating four violations.

1 year suspension is imposed for court referrals.

Participants have the option to request an administrative hearing.

Participants also have the option to re-enroll in the program which starts the original time all over.

ISSUES WITH IID Indigent offenders cannot afford the

device.

There is a lack of reliability.

Anyone can blow into the IID.

There is a lack of standardization and uniformity nationwide.

The interlock device is very sensitive, and a number of items may give the participant a failed reading (i.e. mouthwash).

In addition, some localities lack interlock providers.

As a result, even in states with full legislative support, a mere 10 to 20 percent of offenders eligible for interlock programs generally install the devices.

A major limitation on the safety impact of interlocks has been the weakness of interlock laws.

The reticence of some judges to impose interlocks.

This is due to lack of confidence in the effectiveness of interlocks, and the concern that the offenders cannot pay for the interlock.

There is resistance of offenders to installing the interlock.

Monitoring and enforcing the requirement has been a significant barrier to greater penetration.