A very thorough and relatively balanced look at Virginia’s new ignition interlock law from the Washington Post – Is the new law too tough?
Starting on July 1st, anyone convicted of any first offense DUI will require a ignition interlock device installed in their vehicles in order to get their license restored. Previously the law required an interlock only in multiple offenses or other high breath test failure cases, but now it will cover anyone.
An ignition interlock is a “rolling breathalyzer”. You must provide a clean breath sample (alcohol free) in order for your car to start.
With any legal change, there are winners and losers.
The big question is: how much is public safety improved by requiring these systems to first time offenders who may have made a one time mistake, blowing just barely over the legal limit?
Obviously they are big losers in this decision. The courts may be a loser too, in that it is very possible a lot more DUI charges will go to trial. If a person for any number of reasons can’t get an ignition interlock, such as they have to drive different vehicles for their job, then it may make sense to take a chance in court to fight the charges. Even if the chances of winning are slim, some people will have nothing to lose by taking a gamble.
Interlock manufacturers and installers are also big winners. They now have state mandated customers.
But it remains to be seen how much this will truly help the citizens of the Commonwealth of Virginia make a measurable improvement in public safety.
Virginia Beach Cop Charged with DUI, Hit & Run
Civilians aren’t the only ones making reckless decisions over the holidays. A Virginia Beach police officer has been charged with DUI and hit and run after an incident on December 26th.
Officer Stephane Prevot was arrested after hitting a neighbor’s mailbox that evening and was found to be under the influence of alcohol and presumably over the .08% legal limit. The department isn’t saying much at the time of this report, however.
Per regulation, Prevot has been placed on administrative leave pending further decisions. Officer Prevot has been with the department for nearly 5 years, according to the Virginian Pilot.
This is the second Va. Beach officer to face such charges this year. Officer Bryan Womble was charged with hit and run and DUI back in June. In typical fashion, he was sentenced to a short jail stint, license suspension, drug and alcohol awareness classes, and the installation of an ignition interlock device in his vehicle.
Offenses like DUI and Hit and Run apply to everyone. While it may seem like people in power get an easier shake when it comes to the law, many high ranking people charged with crimes like this end up serving a similar sentence as you or I would.
When it comes to a first offense DUI, Virginia law states you can be sentenced to a maximum of 1 year in jail and $2500 in fines. In addition, you face a driver’s license suspension lasting a year and mandatory alcohol safety classes. Depending on the circumstance of your case and your blood alcohol level, you may also be required to use an ignition interlock device when you license is reinstated.
As your DUI convictions add up, so do the penalties. Sentences get progressively worse if you have a criminal history. Knowing what type of penalty you face for your charges can be sobering but also allows you to focus on your case.
If you are facing DUI charges in Virginia, you need the assistance of an experienced local DUI attorney. As your attorney, we can challenge the reason you were stopped, challenge how the police handled your arrest, and even potentially challenge the breath test results.
Contact me today to discuss how we can move forward with your case. You need someone acting in your defense when you go before the judge.