West Virginia Ignition Interlock Device Attorney
Serving All of West Virginia, Berkeley County, Jefferson County, Morgan County and Throughout the Mountain State
Do You Need Legal Help?
West Virginia Ignition Interlock Device Attorney
Serving All of West Virginia, Berkeley County, Jefferson County, Morgan County and Throughout the Mountain State
Do You Need Legal Help?
Your Winning Team
Client Testimonials
Harley and his assistant Heather were truly amazing to work with! They were attentive to any questions I had and helped me get to the best possible outcome. I’m so grateful I chose him to represent me through some of the most uncertain moments of my life. Thank you again to both of you for everything you’ve done for me.
K. Ware
I highly recommend the Wagner Law Firm. From the start Harley and Heather did their due diligence regarding my case and were excellent with correspondence. It was a weight off my shoulders dealing with them and in the end my case was dismissed without prejudice. Wagner Law Firm is high quality and highly recommended!
C. Presley
West Virginia Ignition Interlock Device Attorney
If you’ve found your way to this page, you may be grappling with the stress and uncertainty that comes with a DUI charge in the state of West Virginia. At The Wagner Law Firm, we understand the gravity of this situation and are here to offer our support and legal experience. Our experienced West Virginia ignition interlock device attorney is dedicated to helping you pursue the best possible outcome for your case. We offer free consultations to discuss your options and chart the best path forward. Visit our Martinsburg, WV office.
The Blow & Go Program
The interlock ignition device is similar technology to the battery-powered portable breathalyzer that a police officer can use at the roadside to determine if you were driving under the influence of alcohol. The difference is that the interlock device attached to a motor vehicle is a computerized data storage system that is programmed to prevent drivers from operating the vehicle if there is alcohol in their system.
The driver must blow into the alcohol detector in order to turn the vehicle on. If the device detects alcohol, it will prevent the driver from starting the car. The device will alert the monitoring service if anyone tampers with or attempts to disengage or override the system.
Learn more about the blow and go program by contacting The Wagner Law Firm at (304) 461-6000.
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What is a Blow and Go?
In West Virginia, the device and program are commonly referred to as the “blow and go.” By sampling your breath and utilizing fuel cell technology, your blood alcohol content (BAC) can be determined after you exhale into the device.
Use of an ignition interlock device is part of the Alcohol Test and Lock Program, or WV ATLP.
A State-Approved Ignition Interlock Device
An ignition interlock device (IID) must be installed on all cars you own and plan to drive. You must have this device installed by a state-approved company. Your vehicle will not start if the device detects alcohol in your alcohol breath test. It does this by having you blow into a tube that then measures and records your BAC.
A data storage device notes the date, time, and numeric BAC results from ignition interlock devices. You are required to go to a service center every 30 days to have your installer download the stored data, and report this to the State of West Virginia. These stored recordings of your BAC level (which are captured every time the device is activated) can be used in court against you.
When is Getting an Ignition Interlock Device Required in the State of West Virginia?
West Virginia has required the use of Ignition Interlock Devices (IIDs) for certain drivers who have been found guilty of DUI or other drinking and driving related offense. IIDs are typically used as a condition of having a convicted offender’s driving privileges reinstated.
They are used in the following 5 types of common DUI conviction scenarios:
If your driver’s license has been revoked because of a DUI related charge.
Serving a term of condition for probation.
A driver who was charged with first time DUI may elect a 15-day license revocation and four months of driving with an IID (in certain cases).
Refusal to submit to the Breathalyzer or Blood test must use an Interlock for one year.
If you are convicted of a second or subsequent DUI charge must use an IID for two years.
Contact the DUI Lawyer with a Statewide Criminal Law Practice
West Virginia DUI attorney Harley Wagner can explain the pros and cons of choosing to install an interlock device instead of having your driver’s license suspended. Seek free legal advice from an experienced DUI attorney before you make a move in either direction.
Client Reviews
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
Frequently Asked Questions
Here, we’ve compiled some common questions that you may have. While we are not able to provide personalized legal advice, the answers below can offer general guidance and insights to help you better understand your situation.
What is an ignition interlock device (IID) in West Virginia?
An ignition interlock device (IID), also known as a ‘blow and go,’ is a breathalyzer installed in a vehicle that prevents the engine from starting if it detects a blood alcohol concentration (BAC) above a set limit. It is a mandatory requirement for many DUI offenders in West Virginia to regain or retain their driving privileges.
When is an IID required in West Virginia for a DUI conviction?
An IID is required in West Virginia for a variety of DUI offenses. It is mandatory for second and subsequent DUI convictions. For a first offense, it is required for those with a BAC of 0.15% or higher, or if the individual refused a chemical test. In many cases, it is also a condition of a restricted license or a DUI deferral program.
What are the common IID violations in West Virginia?
Common IID violations in West Virginia include a failed startup test (blowing a positive BAC), a failed rolling re-test, attempting to tamper with or circumvent the device, or missing a scheduled service and data download appointment. Any violation can result in additional penalties, including an extended IID requirement or a full license revocation.
How long do I need an ignition interlock device in West Virginia?
The duration of an IID requirement in West Virginia depends on the specific DUI offense. For a first offense with a BAC between 0.08% and 0.14%, it is required for at least 125 days. For a BAC of 0.15% or higher, it is required for at least 270 days. Subsequent offenses or a refusal to take a chemical test carry longer periods, often up to two years or more.
Can an IID malfunction or give a false positive?
While IIDs are generally reliable, they are not infallible. Malfunctions or false positives can occur due to various factors, including certain foods, mouthwash, or even improper calibration. An experienced attorney can help you challenge an alleged violation by investigating the device’s maintenance records and the circumstances of the incident.
What is the process for getting an IID installed and monitored?
Once you are approved for the Alcohol and Drug Test and Lock Program, you must choose a state-approved service provider. You will be required to have the IID installed in your vehicle and must return to the service center for regular appointments, typically every 30 to 60 days, to have the data downloaded and reported to the DMV. You must also pay all installation and monthly maintenance fees.
What happens if someone else drives my vehicle and fails the IID test?
As the person mandated to have the IID, you are responsible for any violation, even if it was caused by someone else driving your vehicle. It is a violation to allow an unlicensed or non-IID-authorized driver to operate your vehicle. To avoid this, it is crucial to ensure that only you, the authorized driver, use the vehicle, or that any other driver is a part of the interlock program.
Remember that each West Virginia DUI administrative license revocation case is unique, and it’s essential to consult with a legal professional to address your specific circumstances. The Wagner Law Firm is here to provide you with the guidance and support you need during this challenging time.