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In VA, can you be charged with DWI for a high BAC on a failed IID? Above 0.02? Above 0.08?

Fairfax, VA |

If this was a breath test to start your car and it failed. Did not start and sitting in the driveway. Does it matter what level the BAC reading would be? Or is it just a "Fail" violation regardless?

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Attorney answers 2


If the machine detects alcohol it will not allow the car to start. It does not matter how much is present.


If you have an IID on your car, then you are probably on probation and a failed start may be a violation of probation. It may not be a violation, so you will need to consult your attorney. I'm glad to speak to you about it if you are not represented by counsel.