If I Fail An Ignition Interlock Test, Will I Get A DUI or Go To Jail?

by J.D. Garrett on May 17, 2013

For every conviction of driving under the influence (DUI) in Virginia, the court is required to mandate an ignition interlock system be installed on your vehicle. In addition to the ignition interlock, the court is required to impose a fine, jail time and suspend your driver’s license. In most cases, these fines and jail time are suspended, in whole or in part, for a specific period of time, the probationary period.

Every breath test on an ignition interlock system is recorded on the device and then uploaded to the VASAP computer each month. Your probation officer at the VASAP office will review this report and discuss any positive readings with you. Failing the breath test on the ignition interlock system is not a crime in Virginia; but the probation officer may notify the court of the violation. The court will then issue a Show Cause to determine if you should be held in contempt of court for violating the terms of your probation. If you are found in contempt, the court may then impose any of the suspended sentence from the DUI conviction, including the jail time.

The best thing to do if you’ve been issued a show cause due to an ignition interlock failure is to contact a DUI attorney to help. The Virginia Beach DUI lawyers at the offices of James D. Garrett, Attorney at Law know what needs to be done to keep you out of jail. Contact us today for a free consultation. (757) 644-6420. We are available to answer your questions 24/7/365.

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