The interlock employer vehicle exemption is an exception to the mandatory one year interlock for a DUI involving a BAC over 0.15 or a refusal. I handled a MVA hearing for a DUI client who refused the breathalyzer test and faced serious penalties at the MVA and in court.
What is the Interlock Employer Vehicle Exemption
A refusal of the breathalyzer test in Maryland triggers a 120 day suspension of your privilege to drive in Maryland. However, in cases involving a refusal, a DUI client is eligible to be considered for a restriction allowing the DUI client to only drive vehicles equipped with an ignition interlock for a period of one year.
The ignition interlock system is a device that is attached to your vehicle and controls whether or not your vehicle will start based on the submission of an alcohol free breath sample.
My DUI client is a full time member of the armed services and regularly drives vehicles owed by the armed services. The military was not going to install the interlock in their vehicles so my client could continue to drive them. My client was worried about his job.
Here’s how having an experienced Maryland DUI Attorney with knowledge of the MVA is helpful: there is an exception to the interlock rule!
Where evidence and testimony is submitted at the MVA hearing, the administrative law judge can order that the DUI client be exempt from interlock while driving a vehicle owned or provided by their employer.
So, at the MVA hearing I had my client testify and bring a letter from his employer explaining why he needs to be able to operate an employer owed vehicle without the interlock. The administrative law judge was convinced and granted my client the interlock exemption.
My client was very happy and left the MVA hearing in an armored tank…just kidding.
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Maryland DUI Attorney Ross W. Albers is a former Baltimore City prosecutor and insurance adjuster. The Law Offices of Ross W. Albers is based in Carroll County and handles the following matters throughout Maryland: criminal, driving under the influence, juvenile, peace orders, and personal injury. Call today to schedule a free consultation with Carroll County DUI Attorney Ross W. Albers.