One of the first things that hits you, after the alcohol in the blood has subsided, is that your driver's license may be suspended for one year if you are convicted under the strict DUI/DWI laws of Virginia.
However, you are free to petition the court for a restricted license, but the granting of such is at the discretion of the presiding Judge.
So what is a restricted driver's license?
This type of license allows you to move around in a limited manner, rather than completely stopping you from driving your car.
For instance, with a restricted license, you can commute to and from work, as well as drive around during working hours (if the trip is related to work and you have a note from your boss or some other confirmation of purpose (exactly what you want to ask your boss for, right?)).
With a restricted Virginia driver's license, you are also able to drive to/from the Virginia Alcohol Safety Action Program and other court ordered probation activities.
A restricted license will permit you to drive to and from school, medical care and to transport your children to/from the same kinds of things.
If you are convicted of DWI/DUI with blood alcohol concentration of .15 or greater, then your restricted license will be contingent upon an ignition interlock system being installed in your car.
This system automatically records the driver's BAC through a breath analyzer every time the car is started. The driver also has to blow into the breath analyzer every 5 to 20 minutes (more fun, right?)
As the Holidays approach, more and more police and law enforcement will be on the roads looking to bust drunk drivers in Prince William County, Manassas, Warrenton, Culpeper and Fauquier County, Virginia.
In fact, roadblocks are already being planned, as well as other tactics to find and apprehend folks drinking and driving. (Statistics show that DWI/DUI arrests are at their highest rates of the year in Virginia during the Holiday party season-no surprise, right?)
Remember-all of these penalties, costs and inconveniences (by the way, I haven't even mentioned the costs of a good Virginia DWI/DUI lawyer or the exorbitant insurance rates you will be paying) can be avoided by simply calling a cab or car service, using the designated driver system or crashing on your friend's couch for the night.
Breath Alcohol Ignition Interlock
There are a variety of different methods that states use to punish convicted DUI offenders while preventing DUI recidivism -- that is, getting drunk and driving again. Commonly, after the first offense, the driver's license is suspended from the onset, with stiff fines and possibly some community service landing the offender on trash detail off of I-90 in a day-glow monkey suit.
Commonly, a first-time offender may still find a harsh penalty. They can definitely find themselves with a steep ticket and an appearance at the municipal court house. Or, in some states, jail time may be a part of the punishment depending on what's current with the state's law books. However, when you are talking about repeat offenders, the penalties naturally get more rugged.
Some states implement a relatively new tool for a DUI offender that is called the ignition interlock system. This is basically a disabling system that can only allow a car's ignition to engage when the car's owner blows into an alcohol reading device attached and clears with a sober reading.
The interlock system has this blower device that extends from the car's dashboard. When given a good reading the electrical system activates and unlocks the ignition system allowing the car to be started. However, when the car is running the tester has to be blown into again every few minutes or so. This is considered the "rolling and running" retest, which eliminates the chance of having a sober friend unlocking it for them, or even worse, cracking open a brewski after given the system's go ahead.
One of the biggest advocates is the group MADD (mothers against drunk driving). However there has been some obstacles and resistance to fully implementing this device.
Interlock Limitations
The interlock device is, on its face, quite clever and novel of an invention. It's so attractive that the largest anti-drunk driving non-profit group MADD is touting its mandatory use for all states. However, it's unfortunate that there is little statistical evidence that shows DUI offenders repeating offenses less with states that use this.
For one, there are still loopholes despite the "rolling and running" retest system. The intoxicated person can simply take another car -- a friend's, a rental or otherwise. The system of retesting during the drive has shown, in some results, higher incidents of crashes. And, after nearly a decade of many states using this system, no good evidence has shown otherwise. Until the root of alcoholism is staved off, the DUI courts may not find this popular until it shows better results.
Both James Parrish & Art Gib are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
James Parrish has sinced written about articles on various topics from Legal Matters, Insurance and Legal Matters. James Parrish is a DWI/DUI attorney in Manassas, Warrenton, and Woodbridge, Virginia. Mr. Parrish formerly represented law enforcement agencies and instructs law enforcement officers. His law firm offers free consumer's guides on various aspects of the la. James Parrish's top article generates over 40500 views. to your Favourites.
Art Gib has sinced written about articles on various topics from Supplements, Teachers and self improvement and motivation. 1.800.DUI.LAWS () is virtual network list of Lawyers fo. Art Gib's top article generates over 1830000 views. to your Favourites.
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