An interlock device forces a driver to test negative for alcohol prior to driving their vehicle and periodically throughout each trip. The information is recorded and examined by a court representative to ensure the driver is complying with the terms of their driving privileges. In West Virginia, anyone who is charged with a DUI might need to have one of these devices installed on their vehicle. In fact, drivers who are charged with a second offense face a mandatory sentence of two years with an interlock device after they complete their year of no driving privileges. This is why it is so important to hire a DUI Lawyer in Berkeley Springs WV as soon as possible after an arrest.
Interlock devices are more than just an inconvenience. Because blowing into one is a process that must be done every time the driver gets behind the wheel of their vehicle, it’s obvious to others they have been arrested for driving under the influence. This penalty has nothing to do with the consequences the criminal court might impose. It is administered by the DMV and guided by state law. By hiring a DUI Lawyer in Berkeley Springs WV within the 30 days appeal period, a driver may be able to avoid driver’s license suspension.
As a first-time offender, a driver may have the opportunity to avoid the mandatory 45-day hard suspension and serve the suspension period with an interlock device. This can be done if the driver elects to not dispute the suspension with the DMV. A DUI Lawyer in Berkeley Springs WV may advise a client to make this choice based on the evidence in their case. Second-time offenders can avoid the one year period of no driving by accepting the penalty and keeping the interlock for three years.
Of course, by accepting the interlock device as opposed to a hard suspension, drivers give up their right to an administrative hearing. At that hearing, a DUI Lawyer in Berkeley Springs WV might help a client present a case for why they shouldn’t have their driving privileges altered at all. Since not being able to drive can pose a substantial hardship to a family, it is important to weigh the risks and potential rewards of going through with the hearing.
