Whether you were convicted of a DUI or you simply wanted to avoid having your license suspended, having an Ignition Interlock Device installed in your car is not fun, and it makes life more difficult. These devices require constant maintenance, are often too sensitive (detecting even the alcohol from your mouthwash), and having them installed and serviced costs time and money. To avoid the daily hassle, you may think that driving someone else’s car is a way around the device in your own car; or perhaps there’s an emergency, and you need to drive someone else’s car.
While this is something you certainly can do, it’s not something you are legally allowed to do, as the IID was issued to you and not your vehicle. The point of the device is to keep you from driving drunk, not to keep you from driving a singular car. This is why when you are charged with a DUI or you are facing a license suspension, you should contact an Annapolis attorney.
Under what circumstances will I be issued an IID?
If you are convicted of driving under the influence (DUI), where it was shown you were operating a vehicle with a blood alcohol content (BAC) level of at least .08%, you will have to participate in the Ignition Interlock Device (IID) program or face having your license suspended for at least six months. If you are pulled over under suspicion of driving under the influence and you refuse to take a breath test, you will have to participate in the program for nine months, or have your license suspended for nine months. These penalties are due to the Drunk Driving Reduction Act Of 2016, also known as Noah’s Law.
I always recommend that drivers who are pulled over for drunk driving should refuse to take breath tests or field sobriety tests. While you could end up with an IID installation or having your license suspended, without test results, it is much harder for the state to convict you of driving under the influence at all, and with the help of an attorney, you may avoid any penalties altogether.
Is it legal for me to drive someone else’s car without an interlock?
As mentioned earlier, if you have been issued an IID, it is illegal to drive any other vehicle that does not have an interlock. This not only stated on most IID company websites, but also in Maryland’s Ignition Interlock Status Report of 2020: “Violations of the Ignition Interlock Program rules and requirements include, but are not limited to the following: Failure to have the ignition interlock device installed and obtain a Maryland driver’s license restricted to the operation of vehicles equipped with an ignition interlock device.”
There are no exceptions to this rule, as harsh as that may seem. After you are issued an IID, a symbol will be added to your license that states “RESTRICTED.” This means that if you are pulled over while driving someone else’s vehicle, the officer will know that you are violating the rules of the program. Even if you need to drive a work vehicle for your job, the vehicle needs to have an IID installed, for which you are financially responsible.
What are the penalties for driving a vehicle without an interlock?
Violation of any of the rules of the Ignition Interlock Program (IIP) “extends the participation end date to three months from the date of the violation,” as per the Ignition Interlock Status Report of 2020. It may also result in the removal from the program and suspension of your driver’s license if you are caught driving a vehicle without an interlock device, or if your violation is alcohol-related. If you violate the rules of your restricted license and the violation is not alcohol-related, you may simply have to pay a fine.
As IIDs are expensive, costing up to $100 a month, and if you own multiple cars for which you may need a device, these costs can seriously add up; so adding on more time to your involvement in the program can be a nasty penalty. This is without including the cost of getting a specific “ignition interlock license,” as well.
How can an Annapolis attorney help me?
The good news is that an attorney can help you in a lot of ways. If you are charged with a DUI/DWI, we can help you fight that charge by determining whether there were grounds for being pulled over, if the breath tests were faulty, if the field tests were administered incorrectly, or if the officer who performed a blood test on you even had the proper authority to administer the test in the first place. Avoiding a DUI charge is even easier if you refuse to take any of the breath, blood, or field sobriety tests, even though this may result in you briefly losing your license.
If you already have the device installed, and you believe the device has reported a false violation, an attorney who is experienced in fighting IID violations can ensure that you are not penalized. If the violation cannot be proven to be false, a lawyer can also help to lessen the penalty that you may receive.
If you find yourself being charged with a DUI, or that you are facing a violation of your existing IIP, I can help. At Drew Cochran, Attorney at Law, my team and I will fight for you. I have long fought against DUI charges and IID violations, and I know the ins and outs of the legal system. I know what defenses work and what attacks the prosecution will make. To schedule a consultation, call us in Annapolis or Ellicott City, or fill out this contact form.
And remember: Keep Calm, and Call Drew.
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