My boyfriend has had the interlock device for less then a month
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
Dear Boydton - part off the purpose for an ignition interlock is the safety of others. Part of the purpose is to control the driver. These two positives should be sending a message that "He has an alcohol problem!" The VASAP counselor, the prosecution and the judge will all be a part of what happens. Good luck!
Nothing is automatic, but this is a big problem. Get him a good attorney and line up a bondsman for the court date in case he needs an appeal bond.
This forum offers a "quick answer" to a "quick question" but it is not always the best way to consult counsel. The practice of law usually works best (best results) when the lawyer is able to consult with the client, in private, and make a full assessment of all the facts of the case.
VASAP must first send in a non-compliance report to the court. That effectively removes him from the program until reinstated by the judge, if that's his decision. Upon receipt of the report a show cause against your boy friend will be issued. Every court handles these differently. ( and this is why you need local counsel, or to discuss it with the attorney who represented him) Often if its the first time a judge may continue the case ordering him back into VASAP and review his performance at a later date. If not the first time or otherwise an aggravated situation then there is certainly a possibility of a jail sentence and loss of the restricted license. The interlock device is sensitive to any type of alcohol, not just the kind that gets you drunk. So an attorney needs to look at the testing documents and discuss the situation with your boy friend. I have not had a case in Boydton before so again it is important that your boyfriend either contacts the attorney who represented him or hires another familiar with the judge and knows what he is likely to do. Good luck.
Absolutely your boyfriend needs a good lawyer and to cooperate fully with VASAP moving forward. He also needs to seek treatment options that will enable him to address the underlying issue. If he is still drinking and attempting to drive in violation of the terms of his probation....with jail time on the shelf....that is strong evidence that he will not be able to overcome the underlying alcohol problem on his own.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline