1. A. A participant is in violation of the Program requirements if the individual:

   1. (1) Receives a suspension, revocation, refusal, or cancellation of the individual's driving privilege;
   2. (2) Has the interlock device installed in a vehicle with an expired or invalid registration;
   3. (3) Removes the interlock device without prior approval from the Administration;
   4. (4) Operates a vehicle without an ignition interlock device installed in the vehicle;
   5. (5) Tampers with, bypasses, damages, or otherwise removes or renders the ignition interlock device inoperable, or allows another individual to tamper with, bypass, or render the device inoperable;
   6. (6) Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.025 percent, unless there is a subsequent test reading within 10 minutes that indicates a breath alcohol concentration below 0.026 percent;
   7. (7) Fails to submit to a retest after starting the vehicle;
   8. (8) Fails to operate the interlock-equipped vehicle at least 50 times during a reporting period as recorded on the interlock device;
   9. (9) Fails to take the interlock-equipped vehicle to a scheduled monthly monitoring appointment with the service provider as set forth in Regulation .03F of this chapter;
   10. (10) Fails to abide by the terms and conditions of the participant's agreement with the service provider;
   11. (11) Allows another individual to blow into the interlock device while the participant is operating the vehicle;
   12. (12) Participates in any other act or use of the interlock device that poses a threat to highway safety; or
   13. (13) Receives an Order of Suspension under Transportation Article, §16-205.1, Annotated Code of Maryland.
2. B. The Administration shall notify the participant when one or more violations are found during a reporting period.
3. C. When a violation of the Program is found, there is a presumption that the violation has been committed by the participant when the person is not clearly visible and identifiable in the interlock device camera image.
4. D. If a participant alleged to have committed a violation of the requirements of §A(7) of this regulation is deaf or hard of hearing, the Administration shall consider this circumstance when evaluating whether to assess a violation prior to removal from the Program.

Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland

Effective date: November 3, 2008 (35:22 Md. R. 1958)

Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)

Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)

Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)

Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)

Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)

Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)

Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)

Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)

Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)

Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)

Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)

Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)

Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)