A drunk driving offense in Virginia can lead to a number of different significant penalties. The courts can send someone to jail and order them to pay fines if they plead guilty. Frequently, a driver’s license suspension follows a driving under the influence (DUI) conviction. People lose their driving privileges for a year or longer in many cases.
In fact, the courts may restrict someone’s driving privileges after the initial driver’s license suspension ends. The Virginia criminal courts have the authority to order drivers to install ignition interlock devices (IID) in their vehicles. These are essentially breath tests people have to pass to drive.
An IID costs money to install and requires regular calibration. A driver has to cover those fees and then perform a test every time they want to take their vehicle out on the road. Those subject to an IID requirement cannot drive vehicles without IIDs installed. People tend to feel embarrassed by the presence of an IID in their vehicles. When might the Virginia courts require the installation of an IID?
Any DUI charge could lead to an IID requirement
Defendants facing their first-ever DUI charge sometimes expect the courts to limit the penalties imposed. What they may not realize is that the courts have to follow state statutes when sentencing someone after a conviction. Installing an IID is part of the process of regaining driving privileges in Virginia.
Someone convicted of their first-ever DUI offense could lose their driver’s license for a year after their conviction. Once the suspension period ends, they may then be subject to an IID requirement if they had a particularly high blood alcohol concentration. Other drivers may have to install an IID because of repeat offenses.
They may only qualify for a restricted license that allows them to drive a vehicle with an IID installed after their initial suspension ends. Most restricted license scenarios require at least six months of restricted driving privileges before someone can remove the IID.
Given that even first offenses can lead to an IID requirement, avoiding a conviction is the only way to avoid the installation of an IID after a DUI arrest. Fighting DUI charges can help people preserve their driving privileges and limit the financial consequences of an arrest. Motorists who know the penalties that the Virginia criminal courts can impose can better understand what is at risk if they plead guilty.