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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

©2008 Weisberg & Zaleski, P.C., All Rights Reserved, Reproduced with Permission
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