Tougher DWI Penalties Set to Take Effect in Virginia

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April 27, 2012 /24-7PressRelease/ -- On July 1, 2012, Virginia's newly strengthened drunk driving law will take effect. Under the new law, all people convicted of driving while intoxicated driving with a restricted license will be required to install an ignition interlock device in their vehicles.

Requiring the use of ignition interlock devices is not a novel concept in Virginia, but requiring all restricted drivers convicted of their first DWI to install them is new this year.

Current DWI Law

Virginia drivers convicted of their first DWI face steep penalties, including:
- A fine of up to $2,500;
- Up to one year in jail; and
- Drivers' license suspension of one year.

Currently, however, drivers convicted of their first DWI typically are not required to install ignition interlock devices in their vehicles, unless their blood alcohol content was .15 BAC or higher. It has been mandatory for drivers convicted of multiple DWIs to install them in their vehicles for years.

What Are Ignition Interlock Devices?

Ignition interlock devices require driver of a vehicle to submit to a breath test before the vehicle will start. If the ignition interlock device detects the presence of alcohol, the vehicle will not start. Periodically, the device requires the driver to submit to a "rolling retest," ensuring that the driver is actually sober, and didn't just have a sober person provide the breath test to start the vehicle.

According to the Community Preventive Services Task Force, a review of 13 studies performed on the topic showed that the installation of ignition interlock devices decreased re-arrest rates for DWI by a median of 67 percent. The proof of their success at lowering the reoccurrence of DWI charges seems evident, but does the new law come at too high a cost?

The Washington Post notes that the average cost for a six-month installation of an ignition interlock device is $480. One Virginia public defender told the Washington Post that the mandatory installation of these devices for first-offence DWIs will disproportionately impact the state's poorer citizens and may increase the rates of people driving without licenses.

Further, some legal minds have speculated that the increased use of ignition interlock devices will mean that more people will take their DWI case to trial instead of pleading guilty, adding stress to an already overburdened court system.

With the passage and imminent enactment of tougher DWI penalties in Virginia, it is more important than ever for people accused of drunk driving to seek the guidance and representation of knowledgeable criminal defense attorneys.

Article provided by Ronald E. Smith, P.C.
Visit us at www.ronaldsmithlaw.com

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