Can I Appeal an Ignition Interlock Requirement?

Ignition interlock devices are finding their way into the hearts and vehicles of drunk driving offenders at a rapid pace. Ok, maybe not the hearts of offenders, but, more states are adopting stricter ignition interlock requirements making the devices more commonly seen today than even five years ago. With all of these changes to drunk driving laws, the most intolerant offender may simply not wish to have the requirement. Some people may have trouble affording the devices, while others are embarrassed at their conviction or the idea that they have to prove they are sober while driving. While it isn’t likely to appeal a drunk driving conviction, is it possible to appeal an ignition interlock requirement?

Yes and no, it really depends on your state.

In states like Florida where an ignition interlock is only required for first-time offenders with a high blood alcohol concentration (BAC) and for multiple DUI offenses, you could try to appeal the interlock requirement if your DUI is outside of the “mandatory” requirement criteria.

In Virginia, however, you’re required to have an ignition interlock device no matter what. There is no appeal and if you want to drive, you’ll have to have the mandatory, all-offender ignition interlock device.

However, even if you appeal an ignition interlock requirement and you win, you’re probably not going to like the next part. Since an ignition interlock assures the court and the public that you are not intoxicated while driving it is your best chance to keep driving your own vehicle. In most states, after a drunk driving conviction, you will have an administrative license revocation (ALR) and then a criminal suspension of your license. Then, your best hope of driving again is that ignition interlock you think you don’t want.

If you’re looking to appeal an ignition interlock requirement, an attorney in your state will be able to give you the best idea of what to expect.