In Henrico County, an ignition interlock device (IID) is installed in a person’s vehicle if they are convicted of a DUI whether it is a first offense, second offense, or even third offense. When facing these charges, it is important to work with a Henrico County DUI lawyer, who may be able to limit the consequences, including the amount of required time for the IID. Still, under Virginia Law, even after a first offense (with what is considered to be a low blood alcohol level), the driver is required to have the ignition interlock device installed in their vehicle for a minimum of 6 months.
An ignition interlock device can be very expensive. The installation fee is usually around $300. Plus, there’s additional fees to test and maintain the device during the course of the restricted license.
An ignition interlock device is used to test someone for alcohol in their system before they start their vehicle. The ignition interlock device will have intermittent testing while someone operates their vehicle as well. The device is attached to their ignition so that if they test positive for any alcohol, even a minor amount of alcohol, their vehicle will not start. If there is a positive test while they are driving, it will sound an alert in their horn and all lights will go off until the ignition is turned off and they are pulled over to the side of the road. The driver is typically required to breathe into the device immediately when they start the car and then usually every 15 to 20 minutes as they operate the vehicle. The results of any breath tests taken by the ignition interlock device will be submitted to VASAP, which monitors the device approximately once a month.
The only other monitoring device used in Henrico County is called the SCRAM bracelet. This is a bracelet that is wrapped around the ankle and the device is used to monitor alcohol through perspiration.
The amount of time that someone will have the ignition interlock device in their vehicle can vary, based on the final outcome of their case and/or based on what they were convicted of. With a standard first offense, they are usually required to have it for a minimum of 6 months. However, a court can require someone to have it for the entire year of their restricted license. The time is at the discretion of the court. If it is a second offense, the courts will require the individual to have it for the entire term of their restricted license.
With an ignition interlock device, an attorney can file with the court to have the amount of time it’s installed in an individual’s vehicle limited. During a first offense, an attorney can typically petition to have the device removed after 6 months. In order to do this, though, they need to show that they have complied with VASAP and that there have been no positive tests. Additionally, if there are any issues with the ignition interlock, the court will sometimes ask the driver to reappear in court to explain why the issues occurred, and an attorney can appear on their behalf or with them to help explain that to the court.
Most people do not like having an ignition interlock device installed on their vehicle. Unfortunately, under Virginia Law, they are required after a DUI charge. Even if it is a very basic first offense with a very low blood alcohol level, a person is required to have the ignition interlock device on their vehicle for a minimum of 6 months.
The ability to drive is so integral in many people’s daily lives, especially for the purposes of getting to and from work, to and from counseling, and/or any other requirements. In order to get a restricted license in Virginia and to retain some driving privileges, it is required to get the ignition interlock device installed.
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