West Virginia implements an Alcohol Test and Lock Program for certain drivers charged with DUI. Keep reading today’s blog post to learn about the program’s IID installation requirements, who qualifies for participation, and what constitutes violations of the program.
What Is the Test and Lock Program?
Any individuals who commit certain DUI offenses must have their license revoked and must successfully complete West Virginia’s DUI Test and Lock Program, also called the Motor Vehicle Alcohol Test and Lock Program (ATLP), before having their full driving privileges restored.
The ATLP conventionally requires the installation of an IID and camera in all vehicles owned, or used by, the individual enrolled in the Alcohol Test and Lock Program. This device takes a sample of the individual’s breath to determine if they have consumed any alcohol and will prevent them from starting the vehicle if the sample results in a Blood Alcohol Content (BAC) of .020 or higher. The device also keeps a record of the following events:
- 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.
The process of participating in the program itself begins with a notification from the DMV that will provide the individual with an approval number and list of approved IID service providers to choose from. The person must contact the service provider themselves and schedule an installation appointment. The IID must be installed within 6 months of the date of application for the Alcohol Test and Lock Program.
Note that eligible vehicles must be manufactured after 1980 and may require an inspection to verify that the vehicle is equipped with OBD I (On Board Diagnostics Generation 1) in order for the IID and camera devices to be installed. It will be the most efficient to give the service provider the make/model/year of your vehicle when making the installation appointment.
Keep in mind that throughout the duration of the program, you will be required to return to the installation center at least every 30-60 days for vehicle monitoring so data can be downloaded from the device and reported to the DMV.
Those who want to avoid license revocation should consider applying for the program and get approval before their scheduled revocation date. They must also waive their right to an administrative hearing. If approved, the driver will not have to serve the revocation period, and instead, the revocation period will be added to the IID participation period. For example, if your minimum revocation period is 10 days and the IID installation period is 3 months, the IID period would become 3 months and 10 days.
Who is Eligible for the Program?
To be eligible for the Test and Lock Program, individuals must meet the following criteria:
- not have any other revocations, suspensions, or other driving privilege withdrawals in West Virginia or any other state;
- have an active, alcohol-based DUI revocation on your driving;
- not appeal the revocation administratively (e.g. in Circuit Court, Supreme Court);
- have completed or be enrolled in the Safety and Treatment Program within 60 days after beginning the Alcohol Test and Lock Program;
- not have been convicted or suspended for driving while revoked or suspended within the last 6 months;
- own the vehicle(s) to be used in the program or have the owner’s written approval for the installation of the ignition Interlock device; and
- be at least 18 years of age.
Note that those with drug or controlled substance-based DUI revocations are not eligible for the program.
Those who were under age 21 at the time of the DUI arrest and had a BAC less than .08 may be eligible for having their record cleared after successfully completing the Alcohol Test and Lock Program.
Violations of the Program
Be aware that you will be considered to be in violation of the Test and Lock Program and subject to removal if:
- you fail to report for device monitoring every 30 days, or as scheduled;
- the DMV receives any notice from law enforcement office, a DMV employee, or service provider that indicates you operated a vehicle without an IID;
- you fail to abide by the service agreement with the service provider;
- the participant or anyone else, aside from the service provider, is found tampering with, bypassing, or removing the IID or camera devices;
- you or anyone inside the vehicle exhibit any obscene gestures and/or display;
- you fail to submit to and pass any retests prompted by the IID after the vehicle has been started;
- you accumulate Interlock Demerit system points in accordance with DMV policy;
- you fail to enroll in, have no progress in, or withdraw yourself from the DUI Safety and Treatment Program, or;
- anyone but the driver of the IID-equipped vehicle blows into the device.
Questions? Contact The Wagner Law Firm.
If you have been charged with DUI, you have a few different options to pursue. One good path to pursue is to participate in West Virginia’s Alcohol Test and Lock Program. It is advisable to seek legal guidance as you apply to the program, and especially if complications arise during your participation in the program, such as an accusation of violating the program. My West Virginia firm can take a look at your DUI case and guide you through the program process.
Contact me at The Wagner Law Firm today to schedule a free consultation.