Virginia Ignition Interlock Violation or Test Failure?

Virginia has been known for its tough stance on DUI for many years. From the VASAP program to an ignition interlock device with camera requirement for all offenses, Virginia wants you to have the best tools for your recovery after a DUI.  If you have a Virginia ignition interlock or car breathalyzer, there are certain expectations that you must fulfill in order to remain compliant with the court. Living your life after a DUI can be complicated, considering the court costs and fines, community service and your ability to legally drive. Driving with an ignition interlock after a DUI is one of the least complicated issues you’ll confront after your conviction, as long as there aren’t any violations.

Virginia ignition interlock violations will have a direct impact on your ability to keep driving legally, or how long you are required to use the device. Many times, however, an ignition interlock test failure can be quickly “fixed” by a person who hasn’t had any alcohol to drink and accidentally went through the initial start-up test incorrectly. The difference between a fail and a violation comes down to the reason for the test failure. An ignition interlock violation is a result of drinking alcohol and then blowing into the device. An ignition interlock test failure is the result of anything that can set off the device that isn’t alcohol-based, such as mouthwash. The latter is called a contaminant-related fail.

Virginia ignition interlock violations include:

An alcohol-based blood alcohol concentration (BAC) of .02 percent or higher on any ignition interlock test.

Skipping a rolling re-test when the vehicle is in motion.

Concealing your identity for a test by asking another person to blow into your device.

A test failure is easily corrected, as you are allowed to submit more than one breath sample when the error occurs. These types of ignition interlock anomalies can happen due to improperly submitting a breath sample, or due to the presence of alcohol in your mouth from mouthwashes or medications.  Within a few minutes, if you submit a clean breath sample, no violation will be recorded. A rolling re-test failure will also allow the same time frame for submitting a clean breath sample.