Ignition Interlock Devices (IID)

     You may have to install an ignition interlock device (IID) in your vehicle because of MVA administrative sanctions, either an administrative hearing or a criminal conviction related to a drunk driving incident. IIDs can be useful in one way: they are often required when you want to drive, but your license has been suspended. They can also cause you problems. These devices are complex to operate and can produce faulty results that get you into more trouble.

     Tina Harris and C. Thomas Brown are experienced DUI defense lawyers in Elkton, Cecil County, MD.  They will inform you of your rights and help you understand your responsibilities while you fight DUI/DWI-related charges. This is especially true if you are required to install an IID on your vehicle. Contact us at 410-398-3850 and learn more about your legal options.

What is an Ignition Interlock Device (IID)?

     An ignition interlock device (IID) is a small device installed in a vehicle to measure the amount of alcohol in a person's breath. A driver must breathe into the device before driving, and if the IID registers the presence of alcohol over the legal limit, the car will not start. If the IID registers alcohol under the legal limit, the vehicle can be started, but with one caveat: a recorded warning is issued.

     Everything the device records is reported to the ignition interlock program managed by the Maryland Motor Vehicle Administration.

What Information is Recorded and Reported?

For your information, it is good to know what information is or can be recorded and reported. Typically, reported information is under each IID program but may include any of the following:

• Date and time of each startup or rolling test
• Location of the vehicle at the time of each test, if equipped with a GPS
• A photo of you at the time of each test, if fitted with a camera
• Pass or fail results
• BAC reading for each test
• Number of lockouts, if any
• Indication someone else tried to take the breath test
• Any tampering with or removal of the IID
• Missed service visits

When are Results Reported?

Results are reported at different times. Generally, results are reported in real-time or at every service visit.

Why Are Ignition Interlock Devices Required in Maryland?

• You refused a breath or blood test.
• Your breath test result exceeded .15; in some circumstances, it was between .07 and .14.
• MVA suspended your driver's license, but you were granted a restricted license with the installation of an IID as a condition, allowing you to drive.
• You were convicted of drunk driving, and the installation of an IID was part of the sentence. After October 4, 2024, even a Probation Before Judgment disposition requires the installation of an IID.

Three Problems Associated with IIDs in Maryland

IIDs are flawed devices. Many complaints exist, but here are the top three problems.

1. False Positives. False positives are a reality with IIDs. Everyday household products (like mouthwash, hand sanitizer, and cough syrup) and foods (like energy drinks, pickles, and fruits) have been known to cause a false positive.
2. User Error. Like IIDs, people are flawed too. Some IIDs require drivers to hum while they blow into the device. This can be difficult for some people, causing the device to record a violation that does not exist. 
3. Multiple Drivers. Many people share vehicles with their spouses and other family members, and an IID cannot be shut down when the vehicle is being used by someone other than the person it is intended to monitor.

     These problems are not insignificant. When an issue arises, it can create more legal worries with the criminal court. MVA can also revoke the restricted license, meaning you can no longer drive your vehicle.

While all these problems can frustrate and affect one's ability to drive, ignition interlock devices can also be dangerous. 

Dangers of Ignition Interlock Devices

What many people fail to realize is that IIDs not only test blood alcohol levels before allowing the car to start but also while the vehicle is in motion. This is known as “rolling testing” and is a common reason for IID criticism.

Drivers are randomly prompted to provide a breath sample while driving. The purpose is to confirm that an unlawful amount of alcohol is not present in their system while operating the vehicle. However, submitting a breath sample while driving is a big distraction and takes your eyes off the road. The latter creates dangerous situations and leads to accidents.

An effective defense strategy is the only way to stay safe, keep your driver's license, and avoid a criminal record. While you are not guaranteed to keep your license and avoid a criminal conviction, retaining a criminal defense lawyer improves your outcome.

Contact C. Thomas Brown or Tina Harris Today

If you have been charged with a drunk driving offense, it is in your best interest to seek counsel from a defense attorney experienced with DUI/DWI. Contact us via our online form or call us at 410-398-3850.