Information on the New Ignition Interlock Device Law in the Mother of States VA
Norfolk, Richmond, Virginia Beach, Williamsburg, Roanoke, Fredericksburg, Newport News, and all other cities in the state of Virginia have the same DUI and VA Ignition Interlock laws when it comes to driving under the influence charges. Drivers who are operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be arrested and charged with a drinking and driving crime, likely Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). Those drivers who are then convicted of DUI face penalties that include a driver’s license suspension, fines, possible jail time, and the possibility of having to install an Ignition Interlock Device (IID) in their car in order to be able to legally drive in the state of VA.
Research on the effects of alcohol on a person’s ability to drive has played a large role in what BAC states have determined as the threshold for being charged with DUI arrest offenses and other drinking and driving related crimes. These studies have shown that most drivers with BACs of 0.05 percent are too impaired to drive and that all drivers with BACs of 0.08 percent are too impaired to drive. Additionally, the state of Virginia has passed laws that allow DUI charges for commercial drivers with BACs of 0.04 and drivers under the age of 21 with BACs of 0.02 percent. Since the severity of even a 1st DUI or DWI offense conviction is so severe with how strict the new laws are, every defense possibility must be explored as soon as possible. This is what having the arrest details examined free online through us is designed to do, as well as to help increase the chances of potential ways to keep a drivers license after an arrest, as well as potentially avoid the Ignition Interlock device requirement for a DUI or DWI charge in VA.
What Are Some of the Consequences & Penalties for Driving Under the Influence in Virginia?
As outlined above, there are a number of penalties that are used to punish drivers who are convicted of DUI. This variety of punishments is meant to discourage individuals from drinking and driving again, which helps keep themselves and others around them safe while they are on the road, not to mention these punishments are helpful in discouraging others from participating in this unsafe behavior. First time DUI offenders in the state of Virginia face some if not all of the following penalties:
- Minimum Five Days in Jail
- Minimum Fine of $250
- Suspended VA Driver’s License Time Period of One Year
- DUI Interlock Required for Offenders with BACs of 0.15 Percent or More
While these are the baseline penalties for being convicted of DUI or DWI, it is important to know that repeat offenders of this crime face increasingly harsher penalties. The state of Virginia currently has a DUI “look-back” period of 10 years, which means any previous DUI conviction within the last 10 years counts during the offender’s current sentencing. 2nd time DWI or DUI offenders in the state of Virginia, or those with one previous conviction, face some if not all of the following penalties:
- Twenty Days to One Year in Jail
- Minimum Fine of $500
- Driver’s License Suspension of Three Years
- Car Breathalyzer Ignition Interlock Device Will be Required for at Least 1 Year
Third time DUI offenders in the state of Virginia, or those with two previous DUI convictions, face some if not all of the following penalties:
- Minimum Six Months in Jail
- Minimum Fine of $1,000
- Indefinite Driver’s License Suspension
- IID Required for Several Years if a VA License is Given Back
What is an Ignition Interlock Device, and How Does It Work With DUI & DWI Laws in VA?
In Virginia, the DUI Ignition Interlock is a device that works in the same way as a breath test device that police officers give during a sobriety test. An IID is mounted to a vehicle’s dashboard and integrated with the vehicle’s ignition system – when drivers wish to turn on the vehicle, they need to provide a breath sample into the device by blowing, much like they would do with a traditional Breathalyzer device. Should the breath sample be below the Ignition Interlock device’s threshold – usually set to 0.02 percent BAC – the vehicle starts normally and the offender is able to drive.
In cases where the breath sample is above the device’s threshold, the IID stops the vehicle from starting and therefore stops offenders from drinking and driving. Additionally, Interlock can be programmed to require drivers to give an additional sample when the vehicle has already started. When prompted, drivers need to blow into the device again to give another sample – should the breath sample be above the device’s threshold, an alarm sounds, indicating the vehicle needs to be pulled over and turned off, and the event is then logged.
When is Using an Ignition Interlock Device Required in the State of Virginia?
The state of Virginia has sanctioned the use of car Breathalyzer Interlock device for specific drivers who have been convicted of DUI/DWI or other alcohol related driving crimes as a condition of having their driving privileges reinstated when their driver’s license sustention is over. As of early 2014, people convicted of a DUI offense, whether a first time or repeat offense, are required by the Virginia Department of Motor Vehicles to install and use an Interlock device on their primary vehicle or at least one vehicle in which they operate on a regular basis.
Who is Responsible for Paying the Total Cost of the VA Ignition Interlock Device?
In almost all VA DUI & DWI cases where an Ignition Interlock device is required for offenders to have their driver’s license reinstated, the offenders are responsible for all costs associated with installing and using the device. Individuals should be prepared to pay for the installation, leasing, calibration, maintenance, and other expenses related to using IIDs. It can cost between $75 and $120 a month to lease an IID and an additional $100 to have the device installed. It is important to note, however, this is just a cost estimate and some IID providers may charge more or less.
What is the Process of Having to Get an Ignition Interlock Device Installed in Virginia?
Once DUI or DWI offenders have been ordered to use an Interlock device, they need to begin the process of obtaining and installing the device. It is important to ensure the IID is leased from a Virginia state approved IID provider. These providers can be found across the state, and a full list of approved providers can be found on the Virginia Department of Motor Vehicle’s website. After the device has been leased, it is also important to ensure it is installed in the appropriate vehicle and installed and calibrated to the state’s standards.
Once the car Breathalyzer Interlock device has been leased and professionally installed, offenders may need to report back to the judge, the court, their probation officer, and/or the Department of Motor Vehicles and provide proof of having obtained the device. Often times, this proof comes in the form of a copy of the IID lease agreement as well as a copy of the receipt of installation for the device. Once this has been provided to and approved by the appropriate parties, the DMV reinstates driving privileges, and offenders are allowed to drive while using the IID. We realize just how much of an impact it is for most people who have to cope with the unexpected cost of what the Ignition Interlock penalties are, and understand why 2 of the first primary concerns after a DUI or DWI arrest in VA have is “am I going to have to get an Ignition Interlock device put on my car, and is my license getting suspended?” One a Virginia Ignition Interlock lawyer reviews a driver’s own arrest situation online with us, they can then inform a driver of any possible solutions for ways how to avoid having to get and install an Ignition Interlock device in:
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