Can a judge order the interlock?
You were arrested for a DUI in Maryland.
You requested a MVA hearing.
The MVA modified your suspension so that you can drive for work.
You avoided the interlock!
But, now the State’s Attorney’s Office is asking for the interlock as part of your probation.
Can a judge order the interlock as a condition of your probation?
Court imposed interlock while on probation
In some jurisdictions, the prosecutors routinely ask for the interlock to be a condition of probation. Meaning, you would need to install the interlock on your vehicle for the duration of your probation.
In many cases this isn’t a problem because the client already has the interlock installed due to the MVA penalties after a DUI arrest.
However, some clients avoid the interlock by legally having their suspension modified by the MVA at a hearing. However, if a judge orders the interlock as part of probation, then you are required to enroll in the program.
One way to avoid a judge imposed interlock is to remind the court that the MVA didn’t require the interlock, or that a hearing in the near future will occur at the MVA regarding the interlock.
Additionally, good mitigating facts like a low BAC, first time offender and/or completions of alcohol treatment prior to court can help say the court when deciding to impose the interlock.
Call today to schedule a free DUI arrest consultation!
If you’ve been charged with a DUI or DWI, it is essential for you to speak with an attorney who is experienced in this area of law. If you are in Maryland and received a DUI or DWI, it is wise to work closely with a Maryland DUI attorney. They can help you navigate Maryland’s specific laws in regards to DUIs and DWIs and get the best possible outcome for your situation.
If you’ve been arrested for a DUI or DWI in Maryland and are in need of guidance, call the Law Office of Ross W. Albers today. We are an experienced Maryland DUI law firm and can help you navigate the aftermath of a DUI or DWI.
The sooner we begin working on your case, the sooner you can get on with your life—so give us a call today!