Virginia’s Ignition Interlock Program: What Offenders Should Know
Many people charged with or convicted of a DUI in Virginia will have to install an ignition interlock device. The ignition interlock program sets forth rules, regulations, and penalties related to the use of these devices. An ignition interlock device prevents intoxicated drivers from starting their motor vehicle. It can also provide reports to probation officers, courts, and other supervisors.
Our Manassas criminal defense lawyers at Battlefield Law Group PLLC tell you what you need to know about Virginia’s ignition interlock program. We help you defend your case throughout and handle your case moving forward.
What Is an Ignition Interlock Device?
Often called a “car breathalyzer,” an ignition interlock device (IID) is a small mechanism installed in your car. It requires you to breathe into it before starting your vehicle in an effort to prevent drunk driving. It checks your breath alcohol content before it allows the car to start.
Many of these devices can track critical information. This will include the date and time you submitted a sample, and whether the breath sample indicated the presence of alcohol. The presence of even a small amount of alcohol may prevent your car from starting, and may be a violation of your restricted driver’s license. It may also be a probation violation, depending on your conditions.
Ignition Interlock Device Requirements in Virginia
There are many rules that govern when you are required to use an ignition interlock device. These are primarily contained in Virginia Law 24VAC35-60-80, which describe many of the rules and regulations surrounding these devices.
How Long Am I Required To Use an IID?
Code of Virginia Section 18.2-270.1 describes how long you must keep the ignition interlock device on your vehicle. An IID order requires at least six months minimum on your motor vehicle. However, a judge can require the device to be placed longer than the minimum prescribed period.
Offenders with a history of DUI/DWI convictions may be ordered to keep the IID on their vehicles for up to 12 months.
Rolling Resets with IID Devices
A breath test is not just required to start the car, it is required to keep driving. The ignition interlock device will require a new breath sample at random intervals, but typically between every 20 to 30 minutes you are driving. The driver must submit a new breath sample within five minutes to continue driving.
If the driver refuses to give a new sample or the test shows a BAC of over 0.02%, they cannot continue driving. Flashing lights or loud alarms will continue until the driver pulls over and turns the vehicle off. The device may also record any refusal or failed sample.
Costs of IID Installation and Use
Drivers convicted of DUI and who are required to use the device are responsible for the costs associated with it. Typical costs usually include approximately $120 for installation of the device and approximately $100 per month for ongoing maintenance and calibration.
Penalties for Tampering With IID Systems
Any person that tampers with or damages an ignition interlock device could be charged with a Class 1 misdemeanor. This could result in penalties such as:
- Up to 12 months in jail
- A fine of up to $2,500
- Revocation of any restricted license
These penalties could be in addition to any probation violations, new criminal allegations, or other penalties associated with the actions that led to the tampering.
Learn How a Virginia Ignition Interlock Device Affects You
Whether you currently face DUI/DWI charges or have already been convicted, you could be dealing with the prospect of an IID device. The law surrounding them can be complicated, and they can greatly affect your constitutional rights. Protect yourself from accidental violations or accusations by speaking with an experienced Virginia DUI defense lawyer.
At Battlefield Law Group PLLC, our DUI/DWI attorneys defend your case and your other rights. Contact us today for a free consultation of your case.