Virginia Criminal Defense Attorney
An ignition interlock device goes in to a car and must be installed by the court, if it is ordered for something such as a DUI conviction. The person must pay for it and want the ignition interlock on their car. With an ignition interlock, a person gets behind the wheel of the vehicle to blow into the ignition interlock device (IID) before starting the vehicle. The ignition interlock device is similar to a breathalyzer in that it detects any alcohol. If the device detects alcohol, the vehicle will not start and the result is relayed to the ignition interlock company, and eventually relayed to probation. The breath sample can be a basis to violate the person on their suspended sentence, or terminate their probation. A Fairfax DUI lawyer can provide more information about ignition interlock and how they factor into DUI cases when you call and schedule a free initial consultation.
An ignition interlock device in Fairfax is required with any restricted license for any DUI conviction; first, second, third or subsequent. In Fairfax, a person cannot get any restrictive license that allows them to drive to work, medical appointments, or to their ASAT program unless they have ignition interlock on their car. All single restrictive license cases or DUI convictions require the installation of an ignition interlock device; there are absolutely no exceptions. A person with an alcohol related conviction must have the ignition interlock device on their car if convicted of DUI in Fairfax.
The length of time to have an ignition interlock device on a person’s car depends on the conviction. For conviction of DUI, first offense, the ignition interlock is on the car for at least a period of six months without any interlock violations. The person can apply at six months to have it removed as long as they have maintained the interlock without any violations for the entire time. Additionally, in a second or subsequent offense, meaning the person was previously convicted, the period of time for an ignition interlock on their car is extended. For a second offense within five years, the person must have ignition interlock in their car for at least one year; their license is suspended for three years on a second or subsequent offense. For a third or subsequent offense, which is a felony, the person’s license is indefinitely suspended. The person can expect an ignition interlock device to be in their car for a very good period of time if they are convicted of DUI in Fairfax.
It can be expensive to have the ignition interlock device installed on a vehicle. A company runs an ignition interlock program for the state of Virginia. It typically charges a $65 installation fee and a fee for the amount of time that the device is on the vehicle, usually on a per-month basis. The price tends to be somewhere around $500 to $600 overall. It is expensive to get ignition interlock and is not covered by court costs, fees, or fines.
It doesn’t matter if someone wants to fight the IID installation because they cannot. In Fairfax, it’s required by code that a person has an ignition interlock device if they want a restricted license. If someone does not want a restricted license, they have absolutely no license to drive for the period of time the license is suspended. But if they want a restricted license in Fairfax, they have to get the ignition interlock. There is absolutely no fighting that; it is required by code.
Most clients want a restricted license, and so they must have the ignition interlock device installed. There is no way around it. For a restricted license, a person has to get the ignition interlock device pursuant to Fairfax code. No one really wants to put ignition interlock on their car because it’s expensive and it can possibly get them in trouble. Because it’s required, if someone wants a restricted license, they have to get the ignition interlock.
In rare cases, the courts allow other alcohol monitoring devices. This could be something such as a wristband, or a device that can monitor alcohol and is worn around a person’s ankle. Typically, the most common device is the ignition interlock device on a car. This is required for a restrictive license and there are no other devices that substitute for that.
There is only so much an attorney can do. The attorney can provide information on who to contact if someone has to put an ignition interlock device in their car. There are a couple of providers recognized by Fairfax County who can make sure a person complies with a requirement for an ignition interlock device. Additionally, if a person is alleged of any violation of ignition interlock terms, their attorney can help fight those allegations if, there is in fact, a defense.