Practice Areas
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
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Personal Injury and Automobile Accidents
- Virginia Seatbelts
- Nursing Home Cases
- Personal Injury Cases where the injured party has died
- Dog Bite Cases II
- Looking out for your teen driver
- Dog Bites
- Hosting a Graduation Party in Virginia? Read This First!
- Virginia Beach Sheriffs Immune
- Chesapeake to Install Countdown Crosswalks
- Charlottesville, Virginia Police Taking Heat After Hitting Wheelchaired Pedestrian
Medical Malpractice
- More heparin deaths? Yes, its true.
- Joint Commission Targeting Children Medication Mix-Ups
- Finding The Best ER For Your Child
- Why Free Drug Samples Are a Bad Idea
- Knee and Hip Replacements Expected to Spike
- Supreme Court Grants Immunity for FDA Approved Medical Devices
- FDA Warns Doctors to Retrieve Device Fragments
DUI, Traffic and Criminal Law Defense
- DUI Cases II
- Can walking in a straight line really reveal that I’m unfit to drive?
- Your Right to Remain Silent
- Drug Offenses
- DUI Cases
- 'Click It or Ticket' and Virginia's Seat Belt Laws
- Inside the Officer's Mind
- UVA Professor: Vague Traffic Laws Invite Discrimination
- Great DUI Information
General Observations
General
Firm News
Kaine announces newest attack on drunken driving
Christie Brinkley Divorce Case Settled
Shia LaBeouf receives DUI, cleared of blame in car crash
Police: charges pending against injured Virginia Beach motorcycle rider
Norfolk Police officer off the streets after DUI arrest
Bicyclist Killed After Being Struck By SUV
W&L professor formally sues Virginia Lottery
Salmonella can ride water into tomatoes
Cold Medication Use In Young Children Can Lead To Adverse Effects, Even Death
Man in critical condition after being hit by car in Norfolk
Firm Library
Personal Injury and Automobile Accidents
- Car Insurance Terms in Virginia
- What are Virginia's Laws Regarding Dog Bites?
- One in Three Va. Drivers Texting
- No Civil Liability for Hosts or Bars in Virginia
- Is Your Car Spying On You?
Medical Malpractice
- Switching to Electronic Health Records has Great Benefits, But Poses Liability for Hospitals
- Why is Heparin Killing Babies?
- Website Allows Consumers to Compare Hospitals
- Transient Ischemic Attacks & Strokes
- How Medical Mistakes are Costing U.S. Healthcare $8.8 Billion
DUI, Traffic and Criminal Law Defense
- Having one more for the road may skew breath tests
- Virginia DUI Laws for First Time Offenders
- Virginia Legislature Working to Repeal Fines
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
Divorce
General
Ignition Interlock Devices & DUI Law
An ignition interlock device is a small, hand-held alcohol sensor that is wired into a vehicle’s electrical system and requires the driver to submit to breath tests before the vehicle will start. Courts in Virginia use this device to keep individuals who have been convicted of a DWI from repeating their offense.
Will The Court Make Me Use One?
Ignition interlocks are mandated when the offender gets his second DWI conviction in a five year period. In many cases where habitual offenders are requesting the court for a restricted license or restoration of full driving privileges, the court will order the person to use the interlock device for a period of time.
However, the court may determine that someone with fewer convictions is deserving of an ignition interlock and may, at the court’s discretion, impose that sanction for a first time offender.
The sentence will require that all vehicles either partially or wholly registered to the offender be outfitted with this device, which costs $50 for installation and $55 per month.
How Does the Sensor Work?
Because the ignition interlock device is wired into the car’s electrical system, the car will not be able to start unless the breath passes the test – registers a Blood Alcohol Concentration (BAC) under 0.02.
After the initial test, the ignition interlock device employs a “rolling retest” system. The unit will require a second breath test within 10 to 20 minutes of the vehicle starting. Third and subsequent retests will be required every 20 to 60 minutes thereafter.
If the driver fails a retest or declines to submit to a retest, the car’s headlights begin to flash and the horn begins honking incessantly until the vehicle is turned off or the driver successfully takes the test. Once off, the interlock will require the driver to pass another test before the vehicle can be restarted.
The device also generates reports that must be provided to the case manager or probation officer once a month. These reports will let the case manager know if there were any instances of high BAC. They also inform the case manager about failures to take a rolling retest, attempts to start the vehicle without a breath test, or tampering with the device.
Other Drivers and Other Cars
If a judge sentences you to have an ignition interlock device installed on cars registered in your name and those cars are shared by other family members, they will be required to appear with you at the time of installation for training on how to use the device. You are responsible for ensuring that any other uses of the vehicle comply with all program rules, because their violations will show up on your report.
Finally, as a condition of the ignition interlock device program, you will not be able to drive any cars that are not outfitted with the device. Doing so will result in greater fines and probably the revocation of your license.
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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
FAQs
Personal Injury and Automobile Accidents
- Do I need a specialty lawyer for my personal injury case?
- When do I have a personal injury claim?
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Should I leave my vehicle unmoved at an accident scene until the police arrive?
- Should I call an Attorney before seeking medical attention?
Medical Malpractice
- What will the attorneys fees cost?
- What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?
- How is medical malpractice defined?
- The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
- Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?
- I have failed my breathalyzer test. What good can an attorney do in such a case?
- When should an attorney be present with me?
- I have been asked to sign some forms by the police officers. What should I do?
Business Litigation
- What is involved in litigating a business matter?
- What are the alternatives to litigation?
- How does mediation differ from arbitration?
- What effort will you put in to my case?
- What fee schedule is employed for a class action?
Divorce
- If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
- Do you have to have the agreement of your spouse to get divorced?
- How is it possible to agree on a divorce with the best possible outcome for both parties?
- Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
- How likely is it for a father to retain custody of the children?