Not being able to drive after being arrested for DUI in Charleston is always a concern. A suspended license can have a great impact on someone’s life, particularly since public transportation is not available to many West Virginia residents. It can easily result in a lost job.
The New Interlock Law
In 2014, the West Virginia Legislature passed SB434, otherwise known as the new interlock law. This law went into effect on June 6, 2014.
In brief, this new interlock law allows a citizen who does not contest the suspension of their license to keep driving with an interlock device instead of being unable to drive at all during the suspension period.
Here’s how the new interlock law could work. It’s important to note that the choice to use the interlock device for the entire period must be made early.
•If someone is facing an aggravated first offense DUI, the individual would be facing 45 days without driving privileges followed by nine months of driving with a mandatory interlock device. Under the new law, the individual would drive for ten and one-half months (45 days plus nine months) with the interlock device.
•Someone convicted on a second offense would be unable to drive for one year, after which they would be required to have an interlock device installed for two years. This law would allow someone to drive with the interlock device for the entire three year period.
FAQs on Driving with an Ignition Interlock
Q. Will an interlock device damage my car?
A. No.
Q. Can an interlock device be installed on a motorcycle?
A. No.
Q. Is it possible to start the car without using the interlock?
A. No.
Q. Can someone else drive my car?
A. Yes, but they must pass a breath test in order to start the car.
Q. Can I have work done on my car?
A. Yes, but the mechanic must be told about the ignition interlock and will have to breath into it to start the car. Talk to your attorney about reporting vehicle maintenance and keeping receipts.
If you’ve been arrested DUI in Charleston, talk to Harley Wagner at Wagner Law Firm. He fully understands how this law works. As soon as possible after your arrest, contact Harley at or the opportunity to take advantage of this law could be lost.
