Virginia to Require Ignition Interlock Device on First DUI Offense

March 15, 2012

Beginning July 1, 2012, every first-time drunk-driving offender in Virginia will be required to install an ignition interlock device in his or her vehicle as a condition of further driving. An ignition interlock is a Breathalyzer on wheels, preventing a car from starting if the driver fails an on-board alcohol breath test.

About the size of a mobile phone, the ignition interlock is integrated into the vehicle's starting mechanisms. Ignition interlock standards are set by the National Highway Traffic Safety Administration. And, in Virginia, the ignition interlock device's breath test is set to fail if the reading is above the trace amount of 0.02 percent blood alcohol content.

On March 7, 2012, Virginia Governor Bob McDonnell signed the new, tough law sponsored by Delegate Salvatore Iaquinto, R-Virginia Beach. The bill was approved by more than 80 percent of legislators in both houses. With its passage, the bill makes Virginia the fifteenth state to require mandatory interlock devices as part of the punishment for all first-time drunk-driving offenders.

In the past few years, there has been a persistent movement to toughen the commonwealth's drunk-driving laws. Driving-under-the-influence statistics in Virginia are sobering. According to the Virginia Department of Motor Vehicles, in 2010, alcohol-related crashes were about 7 percent of total accidents, but accounted for 37 percent of total accident fatalities. The same year there were almost 30,000 DUI convictions in the commonwealth with a shocking average BAC of 0.1425.

What Does the New Law Require?

When a judge orders installation of an ignition interlock device, the court clerk will register the court order with the DMV, which in turn will put this restriction on the defendant's driver's license. The driver must furnish proof within 30 days of the court order that he or she has had the device properly installed.

If the offender does not install the ignition interlock in a timely manner, or have it maintained and monitored according to law, the court may revoke the driver's restricted license completely.

The device must keep an electronic log of all breath-test readings, both when the car is initially started and at random times during driving. If the driver fails the random rolling retest, the vehicle's horn will repeatedly sound and the lights will flash to bring public attention to the impaired driver.

The offender must drive with the interlock device for at least six consecutive months without failing its breath test and may not drive any vehicle without with the device.

The bill also mandates that after a second DUI, every car owned or registered to the offender must be outfitted with an ignition interlock.

How Does this Change the Old Law?

Presently only repeat drunk-driving offenders and first-time offenders with high blood alcohol content readings (over 0.15) must install ignition interlock devices on their cars.

What Are Supporters Saying?

Supporters like Mothers Against Drunk Driving, known as MADD, hope that the new law will save lives by deterring people from drinking and driving in the first place, since a first offense will bring a mandatory interlock order. It is also probable that the devices will prevent first offenders from reoffending.

What Do Critics Say?

Critics like the American Beverage Institute feel automatic imposition of an interlock device is too harsh a punishment for first offenders. Other views are that the costs associated with installation will be too high for those with low incomes and that the real winners will be the companies that make, install and monitor the devices.

Drunk Driving Is Never a Good Idea

Choosing to drink and drive in Virginia can bring life-long negative consequences. Personally, responsibility for the consequences of an alcohol-related crash can bring overwhelming guilt and remorse, as well as the negative stigma others associate with such an event. Legally, depending on the circumstances, in addition to the ignition interlock, other consequences of a drunk-driving conviction might include:

- License revocation, suspension or restriction
- Jail or prison time
- Fines
- Community service
- Probation
- Criminal record
- Alcohol education
- Treatment
- Vehicle impoundment or immobilization
- Restitution or repayment of public costs like police, fire and emergency services

Legal Advice

Do not face the resources of the commonwealth of Virginia on your own. If you are arrested for or charged with drunk driving, talk to an experienced DUI attorney about your legal rights and how to plan a solid defense.

Article provided by John J. Rice, Attorney & Counselor at Law
Visit us at www.johnjrice.com