Facing a DUI charge in West Virginia can be a deeply stressful and confusing experience. If you’ve been arrested for driving under the influence, you’re likely wondering how this will affect your life. From license suspensions to potential jail time, the consequences can be severe. However, in many cases, the use of an ignition interlock device may be a part of the outcome. These devices are often part of DUI sentencing, and understanding how they work can help ease some of the uncertainty surrounding your case. Here, we’ll explain what ignition interlock devices are, how they work in West Virginia, and how they might play a role in your DUI case.
What Is an Ignition Interlock Device?
An ignition interlock device (IID) is a small, breathalyzer-like device that is installed in a vehicle. It requires the driver to blow into the device before the engine will start. The purpose of the IID is to ensure that the driver is not under the influence of alcohol before operating the vehicle. If the device detects alcohol on the driver’s breath, the vehicle will not start. If it does not detect alcohol, the car can be started and driven as usual.
In West Virginia, an ignition interlock device is often a part of the penalty for individuals convicted of DUI. It is used as a way to allow individuals to maintain their driving privileges while also ensuring they do not drive under the influence. If you are facing a DUI charge, it’s important to understand how this device might be a part of your case.
When Are Ignition Interlock Devices Required in West Virginia DUI Cases?
In West Virginia, the courts may order an ignition interlock device to be installed in your vehicle under certain circumstances. Typically, this will happen if you are convicted of DUI and you have a prior DUI conviction within the last ten years. If you are a first-time DUI offender but your blood alcohol concentration (BAC) is higher than 0.15%, you may also be required to install an IID in your vehicle. The courts will determine the specifics based on your individual case and circumstances.
Harley Wagner
Defending West Virginia Residents for over 24 Years
In some cases, the ignition interlock device may be required as a condition of a restricted license, allowing you to drive under certain conditions, such as to work or school. This can be a valuable option, as it can allow you to maintain some mobility despite the suspension of your regular driving privileges. However, it’s important to note that these devices come with their own set of rules and responsibilities that must be followed closely.
How Does an Ignition Interlock Device Work in Practice?
Once the ignition interlock device is installed in your vehicle, you will be required to blow into the device before starting the car. The device will measure the alcohol content in your breath and determine whether or not you are legally allowed to start the vehicle. If the device detects alcohol at or above a preset threshold, usually around 0.02%, the car will not start. The device will register the failed test, and you may face further penalties or consequences, including additional fines or an extended period of having the device installed in your vehicle.
The ignition interlock device also has additional features to ensure compliance while driving. For example, while you are driving, the device may prompt you to pull over and blow into it again. This is known as a rolling retest. The goal of this feature is to ensure that the driver remains sober throughout the duration of the trip. If you fail the rolling retest, the vehicle may sound an alarm, or you may be locked out from driving until the issue is resolved.
It is also essential to note that the device requires regular maintenance and calibration. This ensures that the device is working correctly and accurately measuring your breath alcohol content. Failing to maintain the device or tampering with it can result in further legal consequences, including more severe penalties.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
Penalties for Non-Compliance with Ignition Interlock Devices
Failing to comply with the terms of having an ignition interlock device installed in your vehicle can result in serious consequences. Non-compliance can include not blowing into the device, failing to maintain the device, or tampering with the device. These actions can lead to additional charges, such as tampering with evidence or violating court orders. Furthermore, if you violate the conditions of the ignition interlock program, you may lose your driving privileges again or face extended periods of having the device installed in your car.
In some cases, if you are caught driving a vehicle without an ignition interlock device when one has been ordered, you could face additional fines, jail time, or an extension of your license suspension. It’s critical to follow all the rules and conditions associated with the ignition interlock device to avoid these penalties.
How to Avoid the Need for an Ignition Interlock Device
The best way to avoid the need for an ignition interlock device is to prevent a DUI conviction altogether. If you’ve been arrested for DUI, it’s important to work with an experienced attorney who can help you navigate the legal system and explore possible defense strategies. In some cases, it may be possible to have the charges reduced or even dismissed based on the evidence available. A skilled attorney can also help you negotiate alternative sentencing options or work towards reducing the severity of the penalties associated with a DUI conviction.
Related Videos
What are the penalties for a DUI conviction?
What happens if I'm arrested for a first DUI?
If you are convicted of DUI, there may still be ways to minimize the impact of the ignition interlock device. For example, if this is your first DUI offense and your BAC is below 0.15%, it may be possible to avoid the mandatory installation of the device. Additionally, if you are facing a restricted license, it may be possible to minimize the duration of the IID requirement by complying with all other terms of your sentence.
Why You Need a Skilled Attorney on Your Side
If you are facing a DUI charge in West Virginia and are concerned about the installation of an ignition interlock device, it is essential to consult with an attorney who can guide you through the legal process. At The Wagner Law Firm, we understand the stress and anxiety that come with facing DUI charges, and we are here to help you achieve the best possible outcome in your case. Our team will review the details of your case, explain your rights, and work diligently to protect your interests.
Case Results
Whether you are looking to avoid the installation of an ignition interlock device or need help understanding the specific requirements of the device, we can provide the legal support you need. We will advocate for you every step of the way, helping you navigate the challenges of the legal system with confidence.
If you are facing DUI charges in West Virginia and are worried about the impact of an ignition interlock device on your life, contact The Wagner Law Firm today. Our compassionate attorneys are here to help you understand your options and guide you toward the best possible outcome. Let us help you protect your rights and work toward a successful resolution of your case.