How Many DUIs Can I Get Before I Get a Breathalyzer in My Car in Virginia?

The Commonwealth of Virginia has rigorous laws to deter and penalize offenders convicted of a Driving Under the Influence (DUI) offense. One significant measure that Virginia employs is the installation of an ignition interlock device (IID) – commonly known as a breathalyzer – in vehicles of convicted DUI offenders. This device prevents the vehicle from starting if the driver’s blood alcohol content (BAC) is above a pre-set limit. Many people ask, “How many DUIs can I have before I have to have an IID in my car?”

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC can help you understand what an IID is and when it will likely apply to your case. For help with your specific case, get in touch with us right away.    

Understanding the Ignition Interlock Device (IID)

An IID is a breathalyzer that the court mandates to be installed in the vehicles of DUI offenders. To start the car, the driver must blow into the device, which measures their blood alcohol concentration (BAC). If the BAC exceeds the threshold (0.02 percent in Virginia), the vehicle will not start. 

Additionally, the device may require random “rolling” tests while the vehicle is in operation to ensure continued sobriety. These tests often happen randomly or after a preset distance to prevent drinking after starting the vehicle.

First Offense DUI in Virginia

Under prior law, a first offense would not always result in an immediate IID installation. You may still remember the old law, or hear others refer to it, as shown here:

• BAC below 0.15%: Generally, for a first-time DUI conviction with a BAC below 0.15%, you might avoid the IID requirement. However, if you wish to obtain a restricted license, the court has the discretion to mandate an IID as a condition of your restricted driving privileges.
• BAC of 0.15% and above: If your BAC is 0.15% or higher but less than 0.20%, the court is required to impose a minimum six-month IID installation before granting a restricted license.
• BAC of 0.20% and above: For BAC levels of 0.20% and above, the IID requirement extends to a minimum of one year.

However, changes in Virginia law alter this. Even first-time offenders for low-level BAC offenses may require the use of an IID, especially if you want a restricted license. Speak with your attorney for whether this applies to your specific case.

Second and Subsequent Offenses

For second or subsequent DUI offenses within a ten-year period, Virginia law is even stricter. The installation of an IID becomes mandatory, and the duration depends on the specifics of your case:

• Second Offense: The court will mandate an IID installation for at least six months. If you seek a restricted license, you must first comply with the IID requirement.
• Third Offense: For a third DUI offense, the use of an IID is mandatory, and the period of installation significantly extends. The court will also often impose additional restrictions and penalties, reflecting the severity of repeated offenses.

Process of Installing an IID

Once the court orders an IID, you must follow these steps:

1. Contact an Approved Vendor: Choose a state-approved IID vendor to install the device in your vehicle.
2. Schedule Installation: Set up an appointment to have the IID installed.
3. Periodic Monitoring and Calibration: Regularly check and calibrate the device according to your vendor’s schedule to ensure it functions correctly.
4. Reporting: Compulsorily report to the court or monitoring authority with proof of IID installation and maintenance.

Understand Your Breathalyzer Requirements with Help from an Experienced Virginia DUI Attorney 

At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are ready to defend your case, answer your questions, and fight for your constitutional rights. We help you understand when a breathalyzer in your vehicle may be necessary.

Contact us today for a free consultation of your case.