Virginia Toughens Its DUI Laws--Has It Gone too Far?
New Virginia DUI laws requiring ignition interlock devices are too tough on first-time offenders.
September 15, 2012
On July 1, the Commonwealth of Virginia began requiring all first-time DUI offenders to install ignition interlock devices in their vehicles, toughening a former law that only required first-time offenders with a .15 or greater blood alcohol concentration to install the devices. The new law is considered by many to be too harsh for first-time offenders, especially those with low incomes.Virginia's New DUI Law
The new ignition interlock requirement targets all first-time DUI offenders, whether they were just over the legal limit or had a blood alcohol concentration greater than .15. All first-time offenders must now pay to have an ignition interlock device monitored on their primary vehicle for at least six months. The cost for the monitoring of an ignition interlock device is approximately $80.00 a month.
Ignition interlock devices require drivers to pass a breath test before the device will unlock the ignition of the car and allow it to start. The devices also require random tests while the vehicle is in operation. The new law is estimated to quadruple the amount of offenders required to have the devices installed, which is likely to create a backlog of offenders waiting for installation.
In addition to the new ignition interlock device requirement, first-time offenders are generally still required to pay a fine, attend and pay for mandatory alcohol education classes and have their licenses suspended for one year. Offenders who can prove they need their cars for work or school may receive a restricted license allowing them to drive to work or class, but only if they install the required ignition interlock device.
New DUI Requirements Are Excessive
While there are some supporters of the new law who believe no penalty is too stiff for first-time offenders and that the ignition interlock devices will reduce DUI traffic fatalities, the new requirements unfairly punish first-time offenders, especially those with low incomes.
Since the law is expected to increase the number of offenders required to install ignition interlock devices four times over, most experts expect the waiting list for ignition interlock device installations to grow. This means that first-time offenders may be unable to drive to work or school, even if a judge has awarded them a restricted license to do so.
The new law is also expected to put more pressure on an already strained court system. The new requirement gives defendants an incentive to go to trial rather than make a deal with prosecutors.
Lastly, the high cost of ignition interlock device installation disproportionately hurts low-income offenders. Those convicted of DUI face over a thousand dollars in costs after fines, fees for alcohol-education courses and the nearly $500 cost of the ignition interlock device monitoring.
Virginia's new laws will greatly impact first-time DUI offenders. Therefore, it is more important than ever to please contact an experienced criminal defense attorney if you have been accused of driving under the influence.
Article provided by Kearney, Freeman, Fogarty & Joshi, PLLC
Visit us at www.kffjlaw.com