Virginia Ignition
Interlock Device Laws
An ignition interlock device (IID), sometimes known as a
breath alcohol ignition interlock device (BAIID) is a small piece of
electronic equipment that prevents your car from starting if you have
drunk any alcohol. It is a breathalyzer, or breath test machine that
lives in your car.
Under current Virginia DUI laws, an ignition interlock device is
typically required for license reinstatement in cases where a person
plead guilty or was found guilty at trial of a DUI / drunk driving
charge, where their BAC was .15 or higher, or nearly twice the legal
limit for alcohol consumption of .08% BAC.
However, under the new law recently passed, as of 10/1/08,
anyone convicted of any first offense DUI charge will need to get
one of these ignition interlocks on any car you drive. When your
driver's license is reinstated, it will be flagged as a restricted
license, limited to vehicles with a function ignition interlock.
It is not clear exactly how the DMV or judges will further restrict
driving privileges with the interlock. Such as whether the restrictions
for only driving to work and other
limited approved uses will still be in force.
What Can I do to Avoid Being Required to Have an Interlock?
For many people, an interlock device licensing requirement is a huge,
life altering problem. If you have a commercial driver's license (CDL),
your livelihood is at state. Or if you are required to drive many
different vehicles at your job, and it is simply not possible to be
restricted to one with an interlock.
In cases like this, your best option is to
fight the case and win in court. Almost
any DUI case is winnable. Some are obviously better than others.
But even when the facts are against you, a strong argument from an
experienced DUI defense lawyer can make all the difference. If your
attorney can get a jury to sympathize with you - to understand that a
DUI charge in Virginia could happen to anyone - and get them to
image any number of circumstances that could result in their arrest,
then you have a chance.
And when your livelihood is on the line, even a slim chance can be
worth taking. If avoiding a Virginia DUI conviction and interlock device
is your only chance, call us right away.
Don't make any decision until you've consulted with a DUI attorney
who has beaten may cases before. We'll go over all the facts in
your specific case, identify strengths and weaknesses, and give you a
realistic assessment of how likely you are to walk out of court with a
not guilty after trial.
When pleading guilty is just not an option, get the best
Virginia DUI lawyer you can find. Call us at (877) 439-2999.
Where Do I Get an Interlock Device?
There are a number of licensed vendors in Virginia at can install,
service, and perform required monthly maintenance on a court mandated
interlock machine.
You will need to consult with the
Virginia DMV for
where to go to make sure you have a certified installation from an
approved vendor.
Yes, you can actually buy these devices for personal use, or your for
employees, children etc.
If you have questions about an ignition interlock in Virginia
relating to a DUI charge, please call our dedicated DUI defense
attorneys now. We fight cases in all local DUI courts, so we can help
you explain what is likely to happen in front of any specific judge in
the court where you are being tried. So call to ask about your case, and
we'll give you some helpful and specific recommendations.
---
Proudly defending my clients in Northern Virginia,
including the Counties of Prince William, Fairfax, Fauquier,
Arlington, Alexandria, Falls Church, Spotsylavnia, Warrenton,
Culpeper, Hanover, Caroline, and the cities of Manassas, Manassas
Park, Haymarket, Dumfries, Quantico, and Vienna, VA.
We fight cases in Richmond and throughout Central Virginia,
including the Richmond, VA Metro area, as well as across
Southeastern Virginia, including Norfolk & Virginia Beach.
|