If you’re convicted of DUI in Virginia, you could face a jail sentence, hefty fines, and suspension of your driver’s license. In addition, you’ll have to deal with many other long-term costs of a conviction. One additional requirement you may not know about is your duty to install an ignition interlock device on your vehicle if you want to get a restricted driver’s license.
At The Wilson Law Firm, our experienced Virginia DUI lawyers will raise all your defenses to fight the charges you face. We’ll also help you comply with any requirements of your sentence if you’re convicted of drunk driving. Here, we explain what you need to know about ignition interlock devices.
What’s an Ignition Interlock Device?
An ignition interlock device is installed on your vehicle to test whether you’ve consumed any alcohol before driving. You must blow into a mouthpiece before starting your car. If the device detects your blood alcohol content (BAC) is 0.02 percent or higher, your vehicle won’t start. You can’t restart your car until you provide an acceptable reading. The device might also have other tampering-prevention features, such as camera monitoring, to ensure you don’t try to modify it in any way.
In addition, while driving, you’re required to submit to random testing. The device indicates when you must blow into the mouthpiece. If you don’t take a retest or fail it, your horn starts beeping, and your lights begin flashing.
Installing an Ignition Interlock Device After a Virginia DUI Case
Although all states and Washington, D.C. have ignition interlock device requirements, our state has some of the most stringent obligations. If you’re convicted of DUI and want a restricted license, you must install this device on your vehicle under Virginia Code § 18.2-270.1.
You must select a court-approved provider to install and monitor the device. Additionally, you’re responsible for paying the costs of installing and leasing it—you could have to pay up to $130 to have it installed, and approximately $75.00 in monthly fees.
Under the Virginia Administrative Code 24-VAC-35-60-80, you must also enroll in the Virginia Alcohol Safety Action Program (VASAP) before installing an ignition interlock device on your vehicle. Under VASAP, you must take a 20-hour educational course. The program also monitors your compliance with device requirements. You’re responsible for these program fees as well, which can cost around $300, and an additional $100 intervention fee.
A judge determines the timeline for how long you keep the device on your car. Before you stop using it, you must file a petition with the court asking for permission to remove the device, even if the time period for using it has expired.
What Happens If You Have an Ignition Interlock Device Violation?
You must notify your VASAP caseworker and our DUI lawyers immediately if you fail a test. If it's your first offense, the caseworker may give you another chance and intensify your requirements, such as making you enroll in a treatment plan if you’re not already in one.
However, they could also notify the court of your violation. The court then schedules a hearing, which you must attend, and a judge could impose harsher punishments including, but not limited to:
- Revoke a suspended jail sentence
- Extend the term of your probation and mandate additional requirements you must follow
- Revoke your restricted driver’s license
At The Wilson Law Firm, our skilled DUI lawyers are ready to defend you at this hearing and present your defenses. For example, if you ate or drank something that generated a false positive test result, we can present evidence of this. In addition, we’ll outline any mitigating factors, such as your overall compliance with your sentence and VASAP and ignition interlock device requirements. Our legal team will do everything we can to help you achieve the best outcome in your DUI case.