New Law Leads to Upsurge in Use of In-Car Breathalyzers for VA DWI Offenders

As an experienced criminal defense attorney in Virginia I have represented more than 1,000 clients who have been accused of DUIs.

One recent development I have seen recently in the Commonwealth is for drivers who have been convicted of DWI/DUIs to be ordered to install breathalyzers in their cars.

In 2012 Gov. Bob McDonnell signed legislation to require first-time DUI/DWI offenders in Virginia to install a breathalyzer in their vehicle to prevent them from driving while intoxicated.

A recent study revealed these interlock devices are being widely used by the criminal justice system in the state.

AP reported about 8,500 drivers convicted of a DUI were enrolled in Virginia’s ignition interlock program during the first 11-month period after the enactment of the tougher law, according to data supplied by the Virginia Alcohol Safety Action Program released by AAA Mid-Atlantic.

Under the new law, first-time DUI offenders have to place the breathalyzer device in every vehicle they own and operate. The court-ordered interlock device measures the offender’s blood alcohol concentration level and stops their vehicle from starting if the level is higher than 0.02 percent.

Under the law it’s a misdemeanor to tamper with the devices.

Virginia is one of 15 states nationwide to have mandatory or court-ordered ignition interlock provisions or laws for drunken driving offenses, states the National Conference of State Legislatures.

If you are charged with a DUI/DWI you may think it’s almost impossible to avoid conviction. However, many common field sobriety tests are considered invalid by the National Highway Transportation Safety Administration and breathalyzers are notoriously unreliable. Blood tests are also routinely mishandled.

A criminal defense attorney can identify problems with the process and highlight them in court in a way that may help your case. See these DWI/DUI in Virginia frequently asked questions

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