New Virginia Ignition Interlock Law Comes With Strict Standards

October 05, 2012

New Virginia Ignition Interlock Law Comes With Strict Standards

A new Virginia law that applies to everyone convicted of driving under the influence of drugs or alcohol after July 1st of this year expands the use of ignition interlock devices in the commonwealth. Now, all drivers convicted of DUI, even for the first time, will be required to install an ignition interlock device in their vehicles.

Ignition Interlock Devices

Ignition interlock devices require the driver to blow into a Breathalyzer machine before the vehicle will start and at regular intervals throughout the drive. If the device detects alcohol, the vehicle shuts off.

Virginia Ignition Interlock Law

Under the new law, people convicted of a first-time DUI must install an ignition interlock device in their primary vehicle. This is significant change from the old law, which only required repeat offenders and those who recorded a 0.15 percent blood alcohol content to use the devices.

The law has received some criticism. The devices are expensive to install and maintain, and the individual drivers must pay the fee for installation of the device as well as monthly maintenance costs. In addition, the new law imposes the same punishment regardless of prior offenses or blood alcohol levels. This one-size-fits-all approach denies judges the ability to use their discretion in sentencing, applying the same restrictions on drivers who had one drink too many as those with repeated problems with drunk driving.

Further, the devices are not always accurate. For instance, they may register false positive readings due to liquids such as mouthwash. Individuals accused of violating the ignition interlock device law must then appear in court again to prove they did not consume any alcohol.

In addition to the ignition interlock requirement, the penalties associated with a DUI conviction can be severe. If you have been arrested on suspicion of drunk driving, contact and experience DUI defense attorney to defend your rights.

Article provided by Briglia Hundley Nuttall & Kay, P.C.
Visit us at http://www.bhnklaw.com