Ignition Interlock DevicesIn Virginia DUI Cases An ignition interlock system is a device that connects to a motor vehicle's ignition system that analyzes and measures the driver's blood alcohol content (BAC). A breath sample is required to start the vehicle and the device will require random rolling retests periodically while the vehicle is in motion. The IID electronically logs the blood alcohol content of the driver while after each sample is taken. The car's horn will sound and the lights will flash if any test result indicates the driver failed to provide a breath sample or has a BAC higher than .02 percent.Under Virginia's IID statute, the court has discretion of whether or not to require a first time DUI offender to have the device installed. DUI offenders with a BAC higher than .15 will be required to install the device as a condition of a restricted license or license restoration following a suspension. For second or subsequent offenses, the device is required for the period of license suspension or a mandatory minimum period of 6 months. Any car the DUI defendant owns or operates must be equipped with an IID device. The DUI defendant is responsible for all costs associated with the installation and monthly maintenance of the device. Each DUI offender will be required to enroll in an interlock program that will keep track of the IID logs and will report any sample violations or attempts of tampering to the court. A DUI offender sentenced to the IID requirement will not be permitted to operate any vehicle that is not equipped with an IID device. Violations of the IID statute are misdemeanors and will subject the offender to additional penalties. EMPLOYMENT: As of October 2008, a DUI offender who is subject to the IID requirement may operate a vehicle owned or provided by his/her employer without an IID device, so long as the operation is within the scope of employment and pursuant to a restricted license granted with permission by the court. The employer must request permission from the court. At no time is the DUI defendant allowed to operate a school bus, school vehicle, or a commercial motor vehicle. |
