Virginia Virginia’s all -offender interlock law went into effect July 1, 2012. From 2006 to 2020 in Virginia, interlocks stopped 28,952 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 3,815 attempts to drive drunk in 2020. Why does MADD call the law all-offender? Judges must order an interlock for all convicted drunk drivers and an interlock is required as a condition of a driver license agency imposed drunk driving license suspension.
Grade: C (75/100) Virginia’s all -offender interlock law contains loopholes which minimize the effectiveness of their law. All drunk drivers should utilize an interlock before obtaining an unrestricted driver’s license.
Process to obtain an ignition interlock 1. Appear in court to learn what is needed to do in order to regain your license. 2. Contact the VASAP office to select an approved interlock Virginia provider. Person must select a provider within 30 days from the effective date on the court order if the person chooses to drive. 3. Schedule an appointment to have an interlock device installed. 4. Complete any pending court regulations.
Ignition Interlock Law Overview and MADD Legislative Recommendations
How soon can an ignition interlock be installed?
Duration on ignition interlock
First offense
Upon revocation
6 months
Second offense
Unclear
1 year
First refusal
6 months
Yes
Can a drunk driver wait out an interlock order?
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes A recordable violation extends the interlock time period by six months. Day-for-Day credit for early installation? No Legislative Recommendation
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
Interlocks required for plea agreements or diversion? Not applicable Virginia's interlock law is mainly administrative and not solely reliant on the Court system thanks to the VASAP implementation of the law. As a result, the use plea agreements or diversion to avoid interlock use does not play a factor in undermining the use of this lifesaving device for drunk drivers. Affordability program? Yes All interlock service providers shall create and maintain an unaffordability fund to provide services for offenders who are eligible for a waiver or reduction of fees based upon a declaration of unaffordability by the Commission.
Sources: §18.2-270.1, §18.2-270.2, §46.2-360, §46.2-391, VASAP
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