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Maryland Interlock Laws Controversy

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A recent Washington Post editorial came out slamming Maryland legislators, accusing them of being soft on drunk drivers by not insisting on a mandatory ignition interlock law for all those convicted of a DUI in Maryland.

The issue is far more complex than lawmakers simply giving in to alcoholic beverage industry lobbyists, or somehow being fearful of fewer drunk driving defense clients for the legislators who are also criminal defense attorneys.

The fact is that there is absolutely a legitimate argument as to whether someone who barely registers a .08% BAC on a breathalyzer test is as dangerous and likely to re-offend as a chronic alcoholic who blows twice the legal limit.

The legal system treats a .08% as de facto evidence of guilt, despite countless known flaws in breathalyzer machines. Yet it is notoriously difficult to successfully challenge a breath test failure in court. Trials take months, and meanwhile a defendant is typically unable to drive while the case is being adjudicated.

For this reason, many people simply plead guilty to expedite the process, and get on with their lives.

An ignition interlock device requirement on a driver’s license is a serious penalty, and would change that equation significantly. Particularly for those who face job loss if required to have an IID on any vehicle they drive. If you must drive multiple company cars for work, it is not practical to have a device on multiple vehicles.

In cases like this, a person may be more motivated to fight the charges at trial, since job loss is inevitable in either case.

For driver’s license reinstatement after a Maryland DUI, a high BAC threshold for an Ignition Interlock Device requirement law makes a lot of sense.

Ignition Interlock Device Laws Debated

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Proposed new legislation to require ignition interlock devices for anyone convicted of a first time DUI charge in Maryland got a boost, when Governor O’Malley went on record supporting such a measure, stating he would sign the bill.

The bill passed the State Senate last year, but was stalled by the House Judiciary Committee. The chairman of that committee is known to be a criminal defense attorney who is skeptical of these measures, but there is good reason to question whether this legislation would go too far in punishing average citizens.

An ignition interlock device is a system that requires a driver to blow into a device and prove that they don’t have any alcohol on their breath before the car’s ignition will start. The device

Restaurant and bar industry advocates suggest that it is unfair to tag someone who makes a one-time mistake, barely over the legal limit of .08%BAC with the same penalty as someone with a history of alcohol abuse, who may be driving several times over the limit for alcohol impairment. A law like this takes away judicial discretion to make a distinction between these two types of cases, and would require an interlock device to be installed for any 1st offense DUI. Current law makes these devices available at a judge’s discretion, or in cases where a defendant may choose a shorter license suspension in exchange for one of these devices.

The new law would require the devices for anyone facing DUI penalties, even if they are given a Probation Before Judgment, or PBJ, which is not considered the same as a conviction by Maryland DUI laws.