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Understanding the WV Alcohol Test & Lock Program

Keeping Convicted DUI Drivers in Check

When convicted of certain DUI offenses, your penalties may include jail time, fines, license suspension/revocation and the installation of an ignition interlock device (IID). West Virginia implemented an Alcohol Test & Lock Program which requires certain DUI offenders to get an IID and camera installed in their vehicle. Every time you attempt to start your car, you must blow into the IID so it can measure your blood alcohol content (BAC). If your BAC is below 0.02, you’ll be able to start your car. If the IID determines your BAC is above 0.02, you will not be able to start your car and drive.

The IID is “smarter” than you might think. It stores a lot of information, including:

  • Total number of attempts made to start the vehicle
  • Alcohol levels of the individual when starting or attempting to start the vehicle
  • Alcohol levels at random intervals while the vehicle is running
  • Any attempts made to circumvent the device
  • Dates and times in which the vehicle is operated

Thus, if you violate the terms of the Alcohol Test & Lock Program, you may get removed and have a five-day grace period to get your IID serviced before you are locked out and can’t drive.

DUI Offenses & IID Installation Periods

Depending on your offense and the number of prior convictions, your IID installation period could last months or even years.

BAC Less Than .15

First offense: 15 days to 4 months

BAC .15 or Greater

First offense: 45 days to 9 months

DUI

First offense: None

Second offense or more: 1 year plus an added 1-year period for each offense occurring within 10 years

Knowingly Permitting

First offense: 15 days to 4 months

Second offense or more: 1 year plus an added 1-year period for each offense occurring within 10 years

Implied Consent

First offense: 45 days to 12 months

Second offense or more: 1 year plus an added 1-year for each offense occurring within 10 years

Under 21

First offense: 30 days to 6 months

Second offense or more: 2 months to 1 year

Child Endangerment

First offense: 60 days to 10 months

Second offense or more: 1 year & additional 1 year for each offense plus an added 2 months per each incident with child endangerment

Bodily Injury

First offense: 2 months to 10 months

Second offense or more: 1 year & additional 1 year for each offense plus an added 6 months per each incident with bodily injury

With Death

First offense: 1 year to 2 years

Second offense or more: 1 year & additional 1 year for each offense plus an added 2 years per each incident with death

When convicted of certain DUI offenses, you can pay a heavy price. Besides being prohibited to drive for a certain period of time, you must also take responsibility for your IID when you’re allowed to drive again. If you are caught violating any terms or conditions of the Alcohol Test & Lock Program, you may suffer more penalties than you already have.

If you’re facing a DUI charge, The Wagner Law Firm can help you fight it. As West Virginia’s only law firm focused solely on DUI defense, we have the legal arsenal you need to defend your case. Reach out to us online or schedule your free case review by calling (304) 461-6000!

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