Maryland Maryland’s all - offender interlock law, Noah’s Law, went into effect October 1, 2016. From 2006 to 2020 in Maryland, interlocks stopped 73,978 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 7,042 attempts to drive drunk in 2020. Why does MADD call the law all-offender? We call it all-offender because a first-time offender must use an interlock in order to drive during a court or DMV issued license revocation period.
Grade: C+ (79.75/100) Maryland’s all -offender law contains the biggest loophole in the United States. Nearly all first-time convicted drunk drivers avoid an ignition interlock through diversion (Probation Before Judgement).
Process to obtain an ignition interlock 1. A person contacts an interlock provider to discuss Motor Vehicle Administration court options for an Interlock. 2. Fulfill suspension period and pay all required fines (if applicable to a court conviction). 3. Call the Maryland Medical Advisory Board’s Driver Wellness and Safety Division to discuss your eligibility for a restricted license (if applicable to a license suspension). 4. Schedule an appointment to have an interlock device installed. 5. Take signed authorization document to the MVA to receive license. 6. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock First offense Upon Arrest 6 months Second offense 1 year First refusal 270 days Can a drunk driver wait out an interlock order? In some cases. Most first-time convicted drunk drivers obtain PBJ (diversion) and are able to avoid an interlock. For drunk drivers actually ordered on an interlock, the person must use the device before obtaining an unrestricted license. Compliance based removal? Yes Participant must prove to MVA that during the last three months on the program the person has not: 1) An attempt to star the vehicle with a BAC of .04 or more unless a subsequent test performed within 10 minutes registered a BAC lower than .04. 2) A failure to take or pass a random test with a BAC of .025 or lower unless a subsequent test performed within 10 minutes registered a BAC lower than .025. 3) A failure of the participant to appear at the approved service provider when required for maintenance, repair, calibration, monitoring, inspection or replacement of the device causing the device to cease to function. Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes The MVA’s interlock participation fee may be waived for participants experiencing financial hardship. Interlock providers are required to reduce the cost of an interlock if they are indigent. A person can qualify if the person meets the guidelines for Federal Supplemental Nutrition Assistance Program or the Maryland Food Supplement Program.
Sources: Crim. Proc. §6-221, Tran. §27-107, Tran. §27-108, Tran. §16-404.1, Tran. §16-404(c)(3), Tran. §16-404.1(4)(i), Tran. §16-404.1(b)(4)(iii), Maryland MVA.
27
Made with FlippingBook Ebook Creator