In Virginia, effective July 1, 2012, a person convicted of a DUI first offense will be required by a court to have an ignition interlock device installed on the vehicle he/she primarily operates as a condition of his/her restricted driving privilege. A person convicted of the following will be required to have an ignition interlock device installed on every vehicle he/she owns, co-owns or operates as a condition of his/her restricted driving privileges or full restoration of driving privileges:

• a DUI second offense within ten years
• a DUI third offense or subsequent offense within ten years

The Virginia Alcohol Safety Action Program is the state legislative agency that runs the interlock ignition system and other DUI-related programs. The ignition interlock devices will not permit a car to start once the driver’s BAC reaches 0.02. Users are required to get the machines calibrated once every 30 days at which time other information from the device is downloaded into a computer. The courts are notified when someone misses a calibration check so that a judge may take action.

Of course, a person convicted of DUI can avoid the ignition interlock system by not seeking a restricted license. Importantly, however, if such person decides to then drive, they are risking the possibility of being pulled over by law enforcement and being charged with driving without a license.

In addition to court-ordered installation of ignition interlock devices, the Virginia Department of Motor Vehicles (“DMV”) will require a person convicted of the following to have an ignition interlock device installed as a condition of his/her restricted driving privileges or full restoration of driving privileges, even if it is not ordered by the court:

• a DUI second offense within ten years
• a DUI third or subsequent offense within ten years
• three separation DUI offenses within ten years.

Finally, convictions for violations of the ignition interlock restriction may have serious implications. Convictions for a first offense violation of the ignition interlock device or other license restrictions will result in a DMV revocation of driving privileges for one year. Two or more convictions will result in a three-year revocation by the DMV. Importantly, restricted driving privileges will not be available during these revocation periods.

If you or someone you love has been charged with a DUI in Virginia, please contact the attorneys at Patel & Williams, PLLC.