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Blog 
DUI, Traffic and Criminal Law Defense
- Changes to "Move Over" law effective July 1, 2010
- National "Click It or Ticket" campaign begins today
- Special license plates for convicted DUI offenders?
- The fallout from a DUI conviction
- Can an anonymous tip be used as the sole justification for stopping a suspected drunk drivers?
Firm News
Former Virginia Beach deputy sentenced in DUI crash case
Posted on 6/27/2010
Shore Drive speed limit lowered to 35
Posted on 6/4/2010
Child Abuse Charges for Virginia Beach DUI Driver with Kids in Car
Posted on 5/31/2010
DUI Conviction for Former Virginia Beach Police Officer
Posted on 5/28/2010
Felony charges for "sexting" Franklin teens
Posted on 5/20/2010
Are alcoholic energy drinks to blame for Virginia Beach DUI death?
Posted on 4/30/2010
Virginia Beach city employee charged with DUI after hit-and-run crash
Posted on 4/30/2010
Bond revoked for man accused in Virginia Beach DUI hit-and-run
Posted on 4/26/2010
Richmond to Install Red-Light Cameras
Posted on 4/22/2010
St. Patty’s sobriety checkpoints lead to 9 Virginia Beach DUI arrests
Posted on 3/27/2010
Firm Library
DUI, Traffic and Criminal Law Defense
- Can the Virginia bar or restaurant where you were drinking be held responsible for your DUI?
- What to expect after a Virginia DUI arrest
- Virginia DUI Attorney: Why you need to FIGHT HARD against DUI charges
- The high stakes of a DUI conviction in Virginia
- Virginia's Move Over/Slow Down law regarding emergency vehicles
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.
Ask an Attorney
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Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
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FAQs
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?
- If I am guilty of the charge, shouldn't I plead guilty and pay the fine?
- Do you guarantee that my case will be successful?
- I have been asked to sign some forms by the police officers. What should I do?
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