Information about Virginia Ignition Interlock Devices

In July 2012, Virginia passed a law requiring anyone convicted of a DUI to have an ignition interlock installed on their vehicle in order to obtained a restricted drivers license. To read it for yourself, check out Virginia Code Section 18.2-2701

If you are facing a DUI charge in Virginia, below is an outline of some useful information. As with any criminal charge, you MUST consult and retain an attorney. For more information, feel free to give me a call.

Ignition Interlock Fees (Estimate Only. Vendords will Provide Specific Prices)

  • $65 for installation
  • $80 monthly maintenance fee
  • $7 for insurance
  • $0 for removal

Requirements of interlock on first offense of DUI - On “any vehicle operated”

  • If they do not operate the vehicle (but own it) then they need not put an ignition interlock.
  • Must be on vehicle for at least 6 months without a violation for the court to consider removal.
  • Interlock only needed if client intends to obtain a restricted license.
  • If they do install, must be on for at least 6 months.
  • Court has authority to allow operation of an employee vehicle without ignition interlock.  BUT THIS IS NOT GUARANTEED AND RARE.

Requirements of interlock on second offense of DUI - Must have on all cars “owned.”

Prequalification – Where a conviction is inevitable, prequalification with Virginia ASAP is possible. This will help getting the device installed as quick as possible.

Fail point – Where test resutls .02 or above, results in failed test. They must re-test within 15 minutes. If .00 result, then not violation. This accounts for mouthwash and other false positives.

Free restart -If client turns off car, can restart without blowing if within 2 min. of turning off the engine.

Calibration – Interlock required monthly in order to purge prior alcohol.

Medical condition- If individual is physically unable to take breath exam, they need a physician statement before installing.

A note to individuals with leased vehicles - There can be issues when client leases vehicle. Some lease agreements prohibit installation of ignition interlock.

When it must be installed - Interlock must be installed within 30 days of court.

Test results - interlock produces report monthly, which gets faxed or e-mailed to vendor.

Requirement for out of state drivers - if out-of-state, need to pick a vendor and call that company.

If you have been charged with a DUI or DWI, contact BenGlassLaw at (703) 584-7277 or fill out our contact form. You can also download our FREE PDF on DUI charges in Virginia.

 

James S. Abrenio
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Focusing on criminal, traffic defense and personal injury cases
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