Tough Times Call For Tough Representation

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Interlock Hearings

On Behalf of | Apr 16, 2010 | DUI |

There are 2 ways you get interlocked.  The first and most usual is by the MVA- .15 or above, refusal, DUI or DWI conviction.  The second way is court ordered as a condition of probation.  The MD legislature rejected a bill making it mandatory for the court to order an interlock where the defendant was convicted with a .15 or above (this would have prompted more refusals as the court ordered interlock would run consecutive to the one year interlock imposed by the MVA for the breath test or refusal).  When you are removed from the Program because of 4 violations, you can request a Hearing if the interlock was imposed by the MVA (you cannot drive until you win the hearing).  If you are removed from the Program and it involves a court ordered interlock, you may request a Hearing, BUT YOU WON’T GET ONE. The Office of Administrative Hearings believes they only have jurisdiction to adjudicate MVA ordered interlocks, not those involving the Judiciary.  You have to win the Violation of Probation Hearing and have the judge order you back into the Interlock Program.  MVA merely monitors your success or lack thereof for the court’s probation, but does not have a dog in this fight if you violate the conditions, so OAH will not hold a Hearing.  This is a major problem because a Standard Condition of Probation is not to consume any alcohol.  Not 4 times, just once.  If you convince an ALJ that one of the 4 violations is in error, you may get reinstated into the Program.  If you convince the Judge that 3 of the 4 were in error, not only might the Judge not order you back into the Interlock Program,, but you may be violated for the one consumption of alcohol and then face sentencing.  Different rules for the different entities.  This is the only occasion I can think of where you wish you were having a Hearing at OAH.