Law Offices of Christie A. Leary P.C.

Fairfax • Manassas

Phone 703-359-7111
Toll Free 800-823-1127
Print Page

Fairfax/Manassas Criminal & Personal Injury Blog

Virginia drivers who are confronted with charges related to driving under the influence of alcohol will undoubtedly be aware that they will face certain penalties in the event they are convicted. However, one potential consequence that is often understated and not fully understood is the ignition interlock device. This is placed on the vehicle that the person operates as part of their restricted driving privileges to ensure that he or she has not been drinking before driving.

Prior to operating the vehicle, the driver will have to blow into the machine so the blood alcohol content level can be measured. Drivers who are convicted of a second offense DUI charge within 10 years of the first charge or are convicted of a third or subsequent charge within 10 years will need to have the ignition interlock device placed on the vehicle he or she owns, co-owns or operates. This is a part of the restricted driving privileges or reinstating of full driving privileges.

If the driver has been convicted of a second DUI charge within 10 years, was convicted of a third charge or more within 10 years or was convicted of three separate DUI charges within 10 years, the driver will have to place the device on the vehicle for restricted driving or for full driving privileges. This is required by the Department of Motor Vehicles whether the court mandates it or not.

If there is a violation of the restrictions from the ignition interlock device, the first offense will result in driving privileges revoked for one year. Two or more times will result in the driver's license being revoked for three years. While the license is revoked, there can be no restricted driving privileges.

Many drivers are unaware of the various penalties beyond a fine and jail time that can be part of the penalties for a conviction or convictions for DUI. For drivers who need to use their vehicle, it is important to lodge a sound defense to avoid penalties including the ignition interlock device. The police investigation might not have adhered to the applicable protocol or other mistakes could have been made. These are important when formulating a defense.

No matter the circumstances, one thing is certain: it is key to have legal help from an attorney who is experienced in defending those who have been charged with driving while intoxicated. This will ensure your rights are understood and a defendant takes the best defense path for his or her situation.

Source:, "Virginia is Tough on Drunk and Drugged Drivers -- Ignition Interlock Device," accessed on Jan. 16, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

email the Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

View our Blog

  • Stress, anxiety, frustration, confusion, fear, pain and injury are all emotions which can play havoc on an individual following a motor vehicle accident. Few individuals have the training...
  • In your vehicle, check to ensure that you keep the following in your glove compartment: (1) Vehicle registration (2) Insurance information (3) Small notepad (4) Pen (5) Disposable Camera...
  • First, assess whether you or anyone else involved in the incident requires medical attention. Call 911 immediately if any one requires medical attention. Your health and safety and the safety of others involved in the accident is paramount.
  • In the aftermath of an accident, you will feel as if you have entered into your own personal 4 ring circus.

Read More

Review Us
Law Offices of Christie A. Leary P.C.

Fairfax Office
10505 Judicial Drive, Suite 203
Fairfax, Virginia 22030

Fairfax Office Map

Manassas Office
9300 W. Courthouse Rd., Ste 204
Manassas, VA 20110
Manassas Office Map

Attorney AT LAW

LOCAL: 703-359-7111
TOLL FREE: 800-823-1127
FAX: 703-543-5478

Visa | Master Card | American Express | Discover