Fairfax DUI Ignition Interlock: Attorney Consultation Checklist

Start with your paperwork

Gather your charging documents, any court orders, licensing notices, and any interlock-related instructions you have received. Keep them together rather than relying on a remembered conversation or a summary from someone else’s case. Note any dates or instructions you do not understand.

• Case details: Record the court named on your paperwork, the case number, and whether the case is pending or has been resolved. Bring any disposition documents you have.
• Notices: Note the issuing court, agency, or program named on each document, along with any dates or contact information it lists.
• Device status: Write down whether a device is already installed or whether you have discussed or scheduled installation. Bring any related correspondence.
• Earlier cases: Gather records of any prior alcohol- or drug-related driving cases for the attorney to review.

Virginia’s DUI statute, § 18.2-266, addresses alcohol-related driving, drug-related impairment, and combined alcohol-and-drug impairment. Identify the allegation on your paperwork and ask the attorney to explain it; the word “DUI” alone does not describe all the relevant facts.

The penalty statute, § 18.2-270, includes sentencing provisions addressing prior offenses and specified blood alcohol levels. This checklist does not determine your interlock obligations or current driving privileges.

Ask whether interlock applies to your situation

Bring these questions to your consultation and ask for an explanation tied to your paperwork and the law that applies to your situation:

• Does my situation require interlock, and what is the legal basis?
• Does the answer involve restricted driving, license restoration, or a particular court order?
• What facts about my charge, case outcome, or prior record need to be confirmed?
• Am I currently authorized to drive? If not, what steps, if any, are available?
• How should I resolve instructions that appear inconsistent?

For broader case context, see the Fairfax County DUI page. It can help to keep your interlock questions separate from your defense questions so both get proper attention.

Write down your transportation and vehicle needs

Describe the trips you actually need to make. If your week includes commuting to Tysons, traveling between job sites in Reston and elsewhere, or crossing into Prince William County for family responsibilities, list each trip separately. Include changing shifts and recurring medical appointments rather than describing everything as “work and family driving.” These are planning examples, not a list of authorized trips.

• Work: List work locations, shift times, and any driving during the workday.
• Family responsibilities: Include school transportation, caregiving, and medical appointments.
• Vehicles: Identify your personal car, any shared household car, and any employer vehicle you might need to use. Note who owns and uses each vehicle.
• Costs: Bring any written fee quotes you have received and note questions about what they include. Write down any affordability concerns you want to discuss.
• Backup transportation: Consider who could drive you and which trips could be handled without a car while questions remain unresolved.

Have an attorney compare this list to your paperwork and the law that applies to you, including any rules or exceptions for a particular vehicle. Do not rely on this checklist to decide whether you may drive.

Before you assume when interlock ends

A general estimate is not a case-specific answer. If interlock applies to you, ask:

• Does a required duration apply, and how is any applicable period calculated?
• What dates or events, if any, affect that calculation?
• Is documentation of completion required?
• Could an unresolved issue affect completion?
• Is approval or documentation needed before removal, and, if so, from whom?

If you already have a device, keep installation and service records, correspondence, and notices together. Bring any proposed removal date to the consultation along with the document or explanation it came from.

Prepare for compliance questions

If you have received a device alert, service notice, or allegation of noncompliance, preserve the original material. Write down what happened, when it happened, and whom you contacted. Separate what you personally observed from any explanation you were given.

Ask the attorney whether a response or deadline applies and what to do next. Include questions about any applicable service schedule, reporting instructions, alleged violation, or potential consequence. Ask where you can confirm the instructions that apply to you.

Bring a focused list to your consultation

You do not need to resolve every question on your own. Bring your documents, transportation checklist, and conflicting instructions to an attorney who can advise on ignition interlock and driving privileges. Before scheduling, confirm that the attorney can address those issues.

The contact page provides website contact information. This checklist is general information, not legal advice for your specific case.

Bring your notes and unanswered questions so you can work through them during the consultation. Start with the concern that matters most to your daily life, whether that is driving, a shared vehicle, or an instruction you do not understand.