In Virginia, as of July 1, 2012, if you are found guilty of any level of DWI, your restricted license is contingent upon you having an ignition interlock device installed in any vehicle that you drive. In other words, you can hopefully get a restricted license (at least for a first offense DUI), however you cannot drive a vehicle that does not have an ignition interlock installed. The law requires that device be on your vehicle for at least six months. The question then becomes: How do you get the device off?
The procedures vary depending upon the court where your charge was handled. It can even vary in the jurisdictions that I practice in around the Fredericksburg area. However, for any client of mine, I am 100% willing to help for no additional charge to get their ignition interlock removed. I see that as part of my continuing service per the original date.
The basic procedure to get the interlock removed is to file a motion to amend with the court where the case was heard. Assuming everything is clean and there have been no problems for six months, the judges around Fredericksburg will order the interlock to be removed. The clerks will then type up a new restricted license order, and you can take that to Virginia Alcohol Safety Action Program (VASAP) to have the device removed.
One interesting development that I’ve seen in one court around Fredericksburg is that they are streamlining the ignition interlock device removal. They can write up the interlock order in a certain way so that the judge doesn’t even have to be involved to remove it. That makes it even easier to get the device off your vehicle.
As you can see, even something as simple as having your interlock removed can be a little bit challenging. It can vary depending on the local court where your case is pending. All the more reason to talk with and hire a local experienced DUI attorney if you’re facing a Virginia DUI or DWI.
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