Maryland parole officers have not been reporting drunken drivers’ probation violations to courts, according to an audit released Monday. In one case, a Maryland resident — who has been convicted three times of driving while intoxicated or under the influence — violated probation 14 times in six months. The suspect’s repeated attempts to drive after drinking were stopped by a court-ordered ignition interlock system, which requires him to pass a breathalyzer test to start his car.
The breathalyzer measured and logged his blood alcohol content every time it surpassed the legal limit.
But the state Division of Parole and Probation — which receives a record of offenders’ ignition interlock tests monthly — never reported the suspect’s violations to the court, according to the report by Maryland’s independent Office of Legislative Audits.
The auditors found five other offenders — out of a test of 21 cases — whose repeated probation violations were never reported to courts.
The Department of Public Safety and Correctional Services argued that state law is not clear regarding the types of violations that should be reported.
“There is some gray area here,” said Bruce Myers, director of the auditing agency. But several cases stood out where “it was clear that the court would want to know” of repeat violations.
The corrections agency is ordering probation officers to individually seek “written guidance” from the courts on how and when to report multiple violations, according to Patrick McGee, the agency’s director.
Mike Gimbel, a Baltimore alcohol and drug abuse counselor, said he has witnessed offenders’ violations slip through the cracks.
“I used to run treatment programs where I had to tell my counselors to call the judge if a DWI client didn’t show up for counseling because, if we waited for probation to violate the person, it could take months, if ever,” Gimbel said. “It’s a horrible system that is letting potential killers back out on the road to drink and drive, especially the ones that judges already sent for help.”
The audit also reported the probation agency was missing dozens of offenders’ monthly breathalyzer reports.
After reviewing the same 21 cases, auditors identified missing reports for nine people in the ignition interlock program.
Myers pointed out the agency had not collected a single report for one offender during 12 months of probation.
