{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-270.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-270.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-270.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-270.1.html"}],"law_id":81550,"edition_id":1,"section_id":81550,"structure_id":13849,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","history":"1995, c. 486; 1996, c. 841; 1997, c. 691; 1998, cc. 783, 840; 1999, c. 734; 2000, cc. 958, 980; 2004, c. 961; 2007, c. 686; 2008, c. 862; 2012, cc. 141, 570; 2014, c. 707; 2017, c. 499; 2020, cc. 129, 530, 1007; 2025, c. 343.","full_text":"A\n\nFor purposes of this section and § 18.2-270.2:\n\t\t\t“Commission” means the Commission on VASAP.\n\t\t\t“Department” means the Department of Motor Vehicles.\n\t\t\t“Ignition interlock system” means a device that (i) connects a motor vehicle ignition system to an analyzer that measures a driver’s blood alcohol content; (ii) prevents a motor vehicle ignition from starting if a driver’s blood alcohol content exceeds 0.02 percent; and (iii) is equipped with the ability to perform a rolling retest and to electronically log the blood alcohol content during ignition, attempted ignition, and rolling retest.\n\t\t\t“Remote alcohol monitoring device” means an unsupervised mobile testing device with the ability to confirm the location and presence of alcohol in a person and that is capable of scheduled, random, and on-demand tests that provide immediate, or as-requested, results. A testing device may be worn or used by persons ordered by the court to provide measurements of the presence of alcohol in their blood.\n\t\t\t“Rolling retest” means a test of the vehicle operator’s blood alcohol content required at random intervals during operation of the vehicle, which triggers the sounding of the horn and flashing of lights if (i) the test indicates that the operator has a blood alcohol content which exceeds 0.02 percent or (ii) the operator fails to take the test.B\n\nIn addition to any penalty provided by law for a conviction under § 18.2-51.4 or clauses (i), (ii), or (iv) of § 18.2-266 or a substantially similar ordinance of any county, city, or town, any court of proper jurisdiction shall, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for any period of time not to exceed the period of license suspension and restriction, not less than 12 consecutive months without alcohol-related violations of the interlock requirements. In addition to any penalty provided by law for a conviction under clauses (iii) or (v) of § 18.2-266 or a substantially similar ordinance of any county, city, or town, any court of proper jurisdiction may, for a first offense, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for any period of time not to exceed the period of license suspension and restriction, not less than 12 consecutive months without alcohol-related violations of the interlock requirements. The court shall, as a condition of a restricted license for a conviction under § 18.2-51.4, a second or subsequent offense of § 18.2-266 or a substantially similar ordinance of any county, city, or town, or as a condition of license restoration pursuant to subsection C of § 18.2-271.1 or § 46.2-391, require that such a system be installed on each motor vehicle, as defined in § 46.2-100, owned by or registered to the offender, in whole or in part, for any period of time not less than 12 consecutive months without alcohol-related violations of the interlock requirements. Such condition shall be in addition to any purposes for which a restricted license may be issued pursuant to § 18.2-271.1. Whenever an ignition interlock system is required, the court may order the installation of an ignition interlock system to commence immediately upon conviction. A fee of $20 to cover court and administrative costs related to the ignition interlock system shall be paid by any such offender to the clerk of the court. The court shall require the offender to install an electronic log device with the ignition interlock system on a vehicle designated by the court to measure the blood alcohol content at each attempted ignition and random rolling retest during operation of the vehicle. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to § 18.2-271.1 and to conditions established by regulation under § 18.2-270.2 by the Commission during the period for which the court has ordered installation of the ignition interlock system. The offender shall be further required to provide to such program, at least quarterly during the period of court ordered ignition interlock installation, a printout from such electronic log indicating the offender’s blood alcohol content during such ignitions, attempted ignitions, and rolling retests, and showing attempts to circumvent or tamper with the equipment. The period of time during which the offender (i) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system or (ii) is required to have an ignition interlock system installed on each motor vehicle owned by or registered to the offender, in whole or in part, shall be calculated from the date the offender is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department.C\n\nHowever, if (i) a conviction was under § 18.2-266 or a substantially similar ordinance of any county, city, or town; (ii) the conviction was for a first offense; and (iii) the offender was an adult at the time of the offense, the only restriction of a restricted license that the court shall impose is to prohibit the offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for not less than 12 consecutive months without alcohol-related violations of the interlock requirements. Upon motion of an offender, a court may require a minimum of six consecutive months without alcohol-related violations of the interlock requirements if additional restrictions are ordered for the duration of the restricted license.D\n\nIn any case in which the court requires the installation of an ignition interlock system, the court shall order the offender not to operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect. The clerk of the court shall file with the Department of Motor Vehicles a copy of the order, which shall become a part of the offender’s operator’s license record maintained by the Department. The Department shall issue to the offender for the period during which the interlock restriction is imposed a restricted license which shall appropriately set forth the restrictions required by the court under this subsection and any other restrictions imposed upon the offender’s driving privilege, and shall also set forth any exception granted by the court under subsection I.E\n\nThe court may, upon motion of an offender who is ineligible to receive a restricted license in accordance with subsection C, order that the offender (i) use a remote alcohol monitoring device for a period of time coextensive with the period of time of the prohibition imposed under subsection B and (ii) refrain from alcohol consumption during such period of time. Additionally, upon such motion and pursuant to § 18.2-271.1, the court may issue a restricted license to operate a motor vehicle for any purpose to a person who is prohibited from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system when such person is ordered to use a remote alcohol monitoring device pursuant to this subsection and has a functioning, certified ignition interlock system installed on each motor vehicle, as defined in § 46.2-100, owned by or registered to the offender, in whole or in part.\n\t\t\tA fee of $20 to cover court and administrative costs related to the remote alcohol monitoring device shall be paid by any such offender to the clerk of the court. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to § 18.2-271.1 and shall comply with all conditions established by regulation under § 18.2-270.2 by the Commission during the period for which the court has ordered the use of a remote alcohol monitoring device. The offender shall be further required to provide to such program, at least quarterly during the period of time the offender is ordered to use a remote alcohol monitoring device, a copy of the data from such device indicating the offender’s blood alcohol content and showing attempts to circumvent or tamper with the device. The period of time during which the offender is required to use a remote alcohol monitoring device shall be calculated from the date the offender is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department.F\n\nThe offender shall be ordered to provide the appropriate ASAP program, within 30 days of the effective date of the order of court, proof of the installation of the ignition interlock system, and, if applicable, proof that the offender is using a remote alcohol monitoring device. The Program shall require the offender to have the system and device monitored and calibrated for proper operation at least every 30 days by an entity approved by the Commission under the provisions of § 18.2-270.2 and to demonstrate proof thereof. The offender shall pay the cost of leasing or buying and monitoring and maintaining the ignition interlock system and the remote alcohol monitoring device. Absent good cause shown, the court may revoke the offender’s driving privilege for failing to (i) timely install such system or use such device or (ii) have the system or device properly monitored and calibrated.G\n\nNo person shall start or attempt to start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with an ignition interlock system. No person shall tamper with, or in any way attempt to circumvent the operation of, an ignition interlock system that has been installed in the motor vehicle of a person under this section. Except as authorized in subsection I, no person shall knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to any person prohibited under subsection B from operating any motor vehicle that is not equipped with such system. A violation of this subsection is punishable as a Class 1 misdemeanor. The venue for the prosecution of a violation of this subsection shall be where the offense occurred or the jurisdiction in which the order entered pursuant to subsection B was entered.H\n\nNo person shall tamper with, or in any way attempt to circumvent the operation of, a remote alcohol monitoring device that an offender is ordered to use under this section. A violation of this subsection is punishable as a Class 1 misdemeanor.\n\t\t\tAny person who violates this subsection shall have his restricted license issued pursuant to subsection E, as it shall become effective on July 1, 2021, revoked. The court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle in accordance with the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1.I\n\nAny person prohibited from operating a motor vehicle under subsection B may, solely in the course of his employment, operate a motor vehicle that is owned or provided by his employer without installation of an ignition interlock system, if the court expressly permits such operation as a condition of a restricted license at the request of the employer; such person shall not be permitted to operate any other vehicle without a functioning ignition interlock system and, in no event, shall such person be permitted to operate a school bus, school vehicle, or a commercial motor vehicle as defined in § 46.2-341.4. This subsection shall not apply if such employer is an entity wholly or partially owned or controlled by the person otherwise prohibited from operating a vehicle without an ignition interlock system.J\n\nThe Commission shall promulgate such regulations and forms as are necessary to implement the procedures outlined in this section.","order_by":null,"text":{"0":{"id":292090,"text":"For purposes of this section and § 18.2-270.2:\n\t\t\t“Commission” means the Commission on VASAP.\n\t\t\t“Department” means the Department of Motor Vehicles.\n\t\t\t“Ignition interlock system” means a device that (i) connects a motor vehicle ignition system to an analyzer that measures a driver’s blood alcohol content; (ii) prevents a motor vehicle ignition from starting if a driver’s blood alcohol content exceeds 0.02 percent; and (iii) is equipped with the ability to perform a rolling retest and to electronically log the blood alcohol content during ignition, attempted ignition, and rolling retest.\n\t\t\t“Remote alcohol monitoring device” means an unsupervised mobile testing device with the ability to confirm the location and presence of alcohol in a person and that is capable of scheduled, random, and on-demand tests that provide immediate, or as-requested, results. A testing device may be worn or used by persons ordered by the court to provide measurements of the presence of alcohol in their blood.\n\t\t\t“Rolling retest” means a test of the vehicle operator’s blood alcohol content required at random intervals during operation of the vehicle, which triggers the sounding of the horn and flashing of lights if (i) the test indicates that the operator has a blood alcohol content which exceeds 0.02 percent or (ii) the operator fails to take the test.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292091,"text":"In addition to any penalty provided by law for a conviction under § 18.2-51.4 or clauses (i), (ii), or (iv) of § 18.2-266 or a substantially similar ordinance of any county, city, or town, any court of proper jurisdiction shall, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for any period of time not to exceed the period of license suspension and restriction, not less than 12 consecutive months without alcohol-related violations of the interlock requirements. In addition to any penalty provided by law for a conviction under clauses (iii) or (v) of § 18.2-266 or a substantially similar ordinance of any county, city, or town, any court of proper jurisdiction may, for a first offense, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for any period of time not to exceed the period of license suspension and restriction, not less than 12 consecutive months without alcohol-related violations of the interlock requirements. The court shall, as a condition of a restricted license for a conviction under § 18.2-51.4, a second or subsequent offense of § 18.2-266 or a substantially similar ordinance of any county, city, or town, or as a condition of license restoration pursuant to subsection C of § 18.2-271.1 or § 46.2-391, require that such a system be installed on each motor vehicle, as defined in § 46.2-100, owned by or registered to the offender, in whole or in part, for any period of time not less than 12 consecutive months without alcohol-related violations of the interlock requirements. Such condition shall be in addition to any purposes for which a restricted license may be issued pursuant to § 18.2-271.1. Whenever an ignition interlock system is required, the court may order the installation of an ignition interlock system to commence immediately upon conviction. A fee of $20 to cover court and administrative costs related to the ignition interlock system shall be paid by any such offender to the clerk of the court. The court shall require the offender to install an electronic log device with the ignition interlock system on a vehicle designated by the court to measure the blood alcohol content at each attempted ignition and random rolling retest during operation of the vehicle. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to § 18.2-271.1 and to conditions established by regulation under § 18.2-270.2 by the Commission during the period for which the court has ordered installation of the ignition interlock system. The offender shall be further required to provide to such program, at least quarterly during the period of court ordered ignition interlock installation, a printout from such electronic log indicating the offender’s blood alcohol content during such ignitions, attempted ignitions, and rolling retests, and showing attempts to circumvent or tamper with the equipment. The period of time during which the offender (i) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system or (ii) is required to have an ignition interlock system installed on each motor vehicle owned by or registered to the offender, in whole or in part, shall be calculated from the date the offender is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292092,"text":"However, if (i) a conviction was under § 18.2-266 or a substantially similar ordinance of any county, city, or town; (ii) the conviction was for a first offense; and (iii) the offender was an adult at the time of the offense, the only restriction of a restricted license that the court shall impose is to prohibit the offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for not less than 12 consecutive months without alcohol-related violations of the interlock requirements. Upon motion of an offender, a court may require a minimum of six consecutive months without alcohol-related violations of the interlock requirements if additional restrictions are ordered for the duration of the restricted license.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":292093,"text":"In any case in which the court requires the installation of an ignition interlock system, the court shall order the offender not to operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect. The clerk of the court shall file with the Department of Motor Vehicles a copy of the order, which shall become a part of the offender’s operator’s license record maintained by the Department. The Department shall issue to the offender for the period during which the interlock restriction is imposed a restricted license which shall appropriately set forth the restrictions required by the court under this subsection and any other restrictions imposed upon the offender’s driving privilege, and shall also set forth any exception granted by the court under subsection I.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":292094,"text":"The court may, upon motion of an offender who is ineligible to receive a restricted license in accordance with subsection C, order that the offender (i) use a remote alcohol monitoring device for a period of time coextensive with the period of time of the prohibition imposed under subsection B and (ii) refrain from alcohol consumption during such period of time. Additionally, upon such motion and pursuant to § 18.2-271.1, the court may issue a restricted license to operate a motor vehicle for any purpose to a person who is prohibited from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system when such person is ordered to use a remote alcohol monitoring device pursuant to this subsection and has a functioning, certified ignition interlock system installed on each motor vehicle, as defined in § 46.2-100, owned by or registered to the offender, in whole or in part.\n\t\t\tA fee of $20 to cover court and administrative costs related to the remote alcohol monitoring device shall be paid by any such offender to the clerk of the court. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to § 18.2-271.1 and shall comply with all conditions established by regulation under § 18.2-270.2 by the Commission during the period for which the court has ordered the use of a remote alcohol monitoring device. The offender shall be further required to provide to such program, at least quarterly during the period of time the offender is ordered to use a remote alcohol monitoring device, a copy of the data from such device indicating the offender’s blood alcohol content and showing attempts to circumvent or tamper with the device. The period of time during which the offender is required to use a remote alcohol monitoring device shall be calculated from the date the offender is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":292095,"text":"The offender shall be ordered to provide the appropriate ASAP program, within 30 days of the effective date of the order of court, proof of the installation of the ignition interlock system, and, if applicable, proof that the offender is using a remote alcohol monitoring device. The Program shall require the offender to have the system and device monitored and calibrated for proper operation at least every 30 days by an entity approved by the Commission under the provisions of § 18.2-270.2 and to demonstrate proof thereof. The offender shall pay the cost of leasing or buying and monitoring and maintaining the ignition interlock system and the remote alcohol monitoring device. Absent good cause shown, the court may revoke the offender’s driving privilege for failing to (i) timely install such system or use such device or (ii) have the system or device properly monitored and calibrated.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":292096,"text":"No person shall start or attempt to start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with an ignition interlock system. No person shall tamper with, or in any way attempt to circumvent the operation of, an ignition interlock system that has been installed in the motor vehicle of a person under this section. Except as authorized in subsection I, no person shall knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to any person prohibited under subsection B from operating any motor vehicle that is not equipped with such system. A violation of this subsection is punishable as a Class 1 misdemeanor. The venue for the prosecution of a violation of this subsection shall be where the offense occurred or the jurisdiction in which the order entered pursuant to subsection B was entered.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":292097,"text":"No person shall tamper with, or in any way attempt to circumvent the operation of, a remote alcohol monitoring device that an offender is ordered to use under this section. A violation of this subsection is punishable as a Class 1 misdemeanor.\n\t\t\tAny person who violates this subsection shall have his restricted license issued pursuant to subsection E, as it shall become effective on July 1, 2021, revoked. The court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle in accordance with the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":292098,"text":"Any person prohibited from operating a motor vehicle under subsection B may, solely in the course of his employment, operate a motor vehicle that is owned or provided by his employer without installation of an ignition interlock system, if the court expressly permits such operation as a condition of a restricted license at the request of the employer; such person shall not be permitted to operate any other vehicle without a functioning ignition interlock system and, in no event, shall such person be permitted to operate a school bus, school vehicle, or a commercial motor vehicle as defined in § 46.2-341.4. This subsection shall not apply if such employer is an entity wholly or partially owned or controlled by the person otherwise prohibited from operating a vehicle without an ignition interlock system.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":292099,"text":"The Commission shall promulgate such regulations and forms as are necessary to implement the procedures outlined in this section.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13849,"edition_id":1,"name":"Driving Motor Vehicle, etc., While Intoxicated","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:04","date_modified":"2026-06-26 03:46:04","permalink":{"id":166823,"object_type":"structure","relational_id":13849,"identifier":"2","token":"18.2\/7\/2","url":"\/18.2\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67410,"structure_id":13849,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","url":"\/18.2-266\/","token":"18.2\/7\/2\/18.2-266","metadata":false},{"id":63203,"structure_id":13849,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","url":"\/18.2-266.1\/","token":"18.2\/7\/2\/18.2-266.1","metadata":false},{"id":58511,"structure_id":13849,"section_number":"18.2-267","catch_line":"Preliminary analysis of breath to determine alcoholic content of blood","url":"\/18.2-267\/","token":"18.2\/7\/2\/18.2-267","metadata":false},{"id":61872,"structure_id":13849,"section_number":"18.2-268","catch_line":"Repealed","url":"\/18.2-268\/","token":"18.2\/7\/2\/18.2-268","metadata":false},{"id":63409,"structure_id":13849,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","url":"\/18.2-268.1\/","token":"18.2\/7\/2\/18.2-268.1","metadata":false},{"id":77586,"structure_id":13849,"section_number":"18.2-268.10","catch_line":"Evidence of violation of driving under the influence offenses","url":"\/18.2-268.10\/","token":"18.2\/7\/2\/18.2-268.10","metadata":false},{"id":60331,"structure_id":13849,"section_number":"18.2-268.11","catch_line":"Substantial compliance","url":"\/18.2-268.11\/","token":"18.2\/7\/2\/18.2-268.11","metadata":false},{"id":55454,"structure_id":13849,"section_number":"18.2-268.12","catch_line":"Ordinances","url":"\/18.2-268.12\/","token":"18.2\/7\/2\/18.2-268.12","metadata":false},{"id":74659,"structure_id":13849,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","url":"\/18.2-268.2\/","token":"18.2\/7\/2\/18.2-268.2","metadata":false},{"id":54870,"structure_id":13849,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","url":"\/18.2-268.3\/","token":"18.2\/7\/2\/18.2-268.3","metadata":false},{"id":80937,"structure_id":13849,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","url":"\/18.2-268.4\/","token":"18.2\/7\/2\/18.2-268.4","metadata":false},{"id":75295,"structure_id":13849,"section_number":"18.2-268.5","catch_line":"Qualifications and liability of persons authorized to take blood sample; procedure for taking samples","url":"\/18.2-268.5\/","token":"18.2\/7\/2\/18.2-268.5","metadata":false},{"id":69540,"structure_id":13849,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","url":"\/18.2-268.6\/","token":"18.2\/7\/2\/18.2-268.6","metadata":false},{"id":84208,"structure_id":13849,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","url":"\/18.2-268.7\/","token":"18.2\/7\/2\/18.2-268.7","metadata":false},{"id":71519,"structure_id":13849,"section_number":"18.2-268.8","catch_line":"Fees","url":"\/18.2-268.8\/","token":"18.2\/7\/2\/18.2-268.8","metadata":false},{"id":72188,"structure_id":13849,"section_number":"18.2-268.9","catch_line":"Assurance of breath-test validity; use of breath-test results as evidence","url":"\/18.2-268.9\/","token":"18.2\/7\/2\/18.2-268.9","metadata":false},{"id":71034,"structure_id":13849,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","url":"\/18.2-269\/","token":"18.2\/7\/2\/18.2-269","metadata":false},{"id":75350,"structure_id":13849,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","url":"\/18.2-270\/","token":"18.2\/7\/2\/18.2-270","metadata":false},{"id":81046,"structure_id":13849,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","url":"\/18.2-270.01\/","token":"18.2\/7\/2\/18.2-270.01","metadata":false},{"id":81550,"structure_id":13849,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","url":"\/18.2-270.1\/","token":"18.2\/7\/2\/18.2-270.1","metadata":false},{"id":81628,"structure_id":13849,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","url":"\/18.2-270.2\/","token":"18.2\/7\/2\/18.2-270.2","metadata":false},{"id":80969,"structure_id":13849,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","url":"\/18.2-271\/","token":"18.2\/7\/2\/18.2-271","metadata":false},{"id":57797,"structure_id":13849,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","url":"\/18.2-271.1\/","token":"18.2\/7\/2\/18.2-271.1","metadata":false},{"id":74018,"structure_id":13849,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","url":"\/18.2-271.2\/","token":"18.2\/7\/2\/18.2-271.2","metadata":false},{"id":85453,"structure_id":13849,"section_number":"18.2-271.3","catch_line":"Repealed","url":"\/18.2-271.3\/","token":"18.2\/7\/2\/18.2-271.3","metadata":false},{"id":60570,"structure_id":13849,"section_number":"18.2-271.4","catch_line":"Oath of office","url":"\/18.2-271.4\/","token":"18.2\/7\/2\/18.2-271.4","metadata":false},{"id":79130,"structure_id":13849,"section_number":"18.2-271.5","catch_line":"Restricted permits to operate a motor vehicle; ignition interlock systems","url":"\/18.2-271.5\/","token":"18.2\/7\/2\/18.2-271.5","metadata":false},{"id":70219,"structure_id":13849,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","url":"\/18.2-272\/","token":"18.2\/7\/2\/18.2-272","metadata":false},{"id":75028,"structure_id":13849,"section_number":"18.2-273","catch_line":"Report of conviction to Department of Motor Vehicles","url":"\/18.2-273\/","token":"18.2\/7\/2\/18.2-273","metadata":false}],"previous_section":{"id":81046,"structure_id":13849,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","url":"\/18.2-270.01\/","token":"18.2\/7\/2\/18.2-270.01","metadata":false},"next_section":{"id":81628,"structure_id":13849,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","url":"\/18.2-270.2\/","token":"18.2\/7\/2\/18.2-270.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-270.1\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 486<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 841<\/a>; in 1997, chapter 691<\/a>; in 1998, chapters 783<\/a> and 840<\/a>; in 1999, chapter 734<\/a>; in 2000, chapters 958<\/a> and 980<\/a>; in 2004, chapter 961<\/a>; in 2007, chapter 686<\/a>; in 2008, chapter 862<\/a>; in 2012, chapters 141<\/a> and 570<\/a>; in 2014, chapter 707<\/a>; in 2017, chapter 499<\/a>; in 2020, chapters 129<\/a>, 530<\/a>, and 1007<\/a>; in 2025, chapter 343<\/a>.<\/p>","references":[{"id":81628,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","order_by":null,"url":"\/18.2-270.2\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":71126,"section_number":"46.2-223.1","catch_line":"Collection and reporting of data related to driving under the influence of alcohol, drugs, or a combination thereof","order_by":null,"url":"\/46.2-223.1\/"},{"id":72043,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","order_by":null,"url":"\/46.2-391\/"},{"id":83723,"section_number":"46.2-391.01","catch_line":"Administrative enforcement of ignition interlock requirements","order_by":null,"url":"\/46.2-391.01\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"refers_to":[{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":81628,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","order_by":null,"url":"\/18.2-270.2\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"},{"id":72043,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","order_by":null,"url":"\/46.2-391\/"}],"permalink":{"id":166901,"object_type":"law","relational_id":81550,"identifier":"18.2-270.1","token":"18.2\/7\/2\/18.2-270.1","url":"\/18.2-270.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-270.1\/","token":"18.2\/7\/2\/18.2-270.1","dublin_core":{"Title":"Ignition interlock systems; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-270.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section and § 18.2-270.2<\/a>:\n\t\t\t“Commission<\/span>” means the Commission<\/span> on VASAP.\n\t\t\t“Department<\/span>” means the Department<\/span> of Motor Vehicles<\/span>.\n\t\t\t“Ignition interlock system<\/span>” means a device that (i) connects a motor vehicle<\/span> ignition system to an analyzer that measures a driver’s blood alcohol content; (ii) prevents a motor vehicle<\/span> ignition from starting if a driver’s blood alcohol content exceeds 0.02 percent; and (iii) is equipped with the ability to perform a rolling retest<\/span> and to electronically log the blood alcohol content during ignition, attempted ignition, and rolling retest<\/span>.\n\t\t\t“Remote alcohol monitoring device<\/span>” means an unsupervised mobile testing device with the ability to confirm the location and presence of alcohol in a person and that is capable of scheduled, random, and on-demand tests that provide immediate, or as-requested, results. A testing device may be worn or used by persons ordered by the court<\/span> to provide measurements of the presence of alcohol in their blood.\n\t\t\t“Rolling retest<\/span>” means a test of the vehicle operator’s blood alcohol content required at random intervals during operation of the vehicle, which triggers the sounding of the horn and flashing of lights if (i) the test indicates that the operator has a blood alcohol content which exceeds 0.02 percent or (ii) the operator fails to take the test. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to any penalty<\/span> provided by law<\/span> for a conviction<\/span> under § 18.2-51.4<\/a> or clauses (i), (ii), or (iv) of § 18.2-266<\/a> or a substantially similar ordinance<\/span> of any county, city, or town, any court<\/span> of proper jurisdiction<\/span> shall, as a condition of a restricted license, prohibit an offender from operating a motor vehicle<\/span> that is not equipped with a functioning, certified ignition interlock system<\/span> for any period of time not to exceed the period of license suspension and restriction, not less than 12 consecutive months without alcohol-related violations of the interlock requirements. In addition to any penalty<\/span> provided by law<\/span> for a conviction<\/span> under clauses (iii) or (v) of § 18.2-266<\/a> or a substantially similar ordinance<\/span> of any county, city, or town, any court<\/span> of proper jurisdiction<\/span> may, for a first offense<\/span>, as a condition of a restricted license, prohibit an offender from operating a motor vehicle<\/span> that is not equipped with a functioning, certified ignition interlock system<\/span> for any period of time not to exceed the period of license suspension and restriction, not less than 12 consecutive months without alcohol-related violations of the interlock requirements. The court<\/span> shall, as a condition of a restricted license for a conviction<\/span> under § 18.2-51.4<\/a>, a second or subsequent offense<\/span> of § 18.2-266<\/a> or a substantially similar ordinance<\/span> of any county, city, or town, or as a condition of license restoration pursuant to subsection C of § 18.2-271.1<\/a> or § 46.2-391<\/a>, require that such a system be installed on each motor vehicle<\/span>, as defined in § 46.2-100<\/a>, owned by or registered to the offender, in whole or in part, for any period of time not less than 12 consecutive months without alcohol-related violations of the interlock requirements. Such condition shall be in addition to any purposes for which a restricted license may be issued pursuant to § 18.2-271.1<\/a>. Whenever an ignition interlock system<\/span> is required, the court<\/span> may order<\/span> the installation of an ignition interlock system<\/span> to commence immediately upon conviction<\/span>. A fee of $20 to cover court<\/span> and administrative costs related to the ignition interlock system<\/span> shall be paid by any such offender to the clerk of the court<\/span>. The court<\/span> shall require the offender to install an electronic log device with the ignition interlock system<\/span> on a vehicle designated by the court<\/span> to measure the blood alcohol content at each attempted ignition and random rolling retest<\/span> during operation of the vehicle. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to § 18.2-271.1<\/a> and to conditions established by regulation under § 18.2-270.2<\/a> by the Commission<\/span> during the period for which the court<\/span> has ordered installation of the ignition interlock system<\/span>. The offender shall be further required to provide to such program, at least quarterly during the period of court<\/span> ordered ignition interlock installation, a printout from such electronic log indicating the offender’s blood alcohol content during such ignitions, attempted ignitions, and rolling retests<\/span>, and showing attempts to circumvent or tamper with the equipment. The period of time during which the offender (i) is prohibited from operating a motor vehicle<\/span> that is not equipped with an ignition interlock system<\/span> or (ii) is required to have an ignition interlock system<\/span> installed on each motor vehicle<\/span> owned by or registered to the offender, in whole or in part, shall be calculated from the date the offender is issued a restricted license by the court<\/span>; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court<\/span> until such time as the person is issued a restricted license by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> However, if (i) a conviction<\/span> was under § 18.2-266<\/a> or a substantially similar ordinance<\/span> of any county, city, or town; (ii) the conviction<\/span> was for a first offense<\/span>; and (iii) the offender was an adult at the time of the offense<\/span>, the only restriction of a restricted license that the court<\/span> shall impose is to prohibit the offender from operating a motor vehicle<\/span> that is not equipped with a functioning, certified ignition interlock system<\/span> for not less than 12 consecutive months without alcohol-related violations of the interlock requirements. Upon motion<\/span> of an offender, a court<\/span> may require a minimum of six consecutive months without alcohol-related violations of the interlock requirements if additional restrictions are ordered for the duration of the restricted license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any case in which the court<\/span> requires the installation of an ignition interlock system<\/span>, the court<\/span> shall order<\/span> the offender not to operate any motor vehicle<\/span> that is not equipped with such a system for the period of time that the interlock restriction is in effect. The clerk of the court<\/span> shall file with the Department<\/span> of Motor Vehicles<\/span> a copy of the order<\/span>, which shall become a part of the offender’s operator’s license record maintained by the Department<\/span>. The Department<\/span> shall issue<\/span> to the offender for the period during which the interlock restriction is imposed a restricted license which shall appropriately set forth the restrictions required by the court<\/span> under this subsection and any other restrictions imposed upon the offender’s driving privilege<\/span>, and shall also set forth any exception granted by the court<\/span> under subsection I. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> may, upon motion<\/span> of an offender who is ineligible to receive a restricted license in accordance with subsection C, order<\/span> that the offender (i) use a remote alcohol monitoring device<\/span> for a period of time coextensive with the period of time of the prohibition imposed under subsection B and (ii) refrain from alcohol consumption during such period of time. Additionally, upon such motion<\/span> and pursuant to § 18.2-271.1<\/a>, the court<\/span> may issue<\/span> a restricted license to operate a motor vehicle<\/span> for any purpose to a person who is prohibited from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system<\/span> when such person is ordered to use a remote alcohol monitoring device<\/span> pursuant to this subsection and has a functioning, certified ignition interlock system<\/span> installed on each motor vehicle, as defined in § 46.2-100<\/a>, owned by or registered to the offender, in whole or in part.\n\t\t\tA fee of $20 to cover court<\/span> and administrative costs related to the remote alcohol monitoring device<\/span> shall be paid by any such offender to the clerk of the court<\/span>. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to § 18.2-271.1<\/a> and shall comply with all conditions established by regulation under § 18.2-270.2<\/a> by the Commission<\/span> during the period for which the court<\/span> has ordered the use of a remote alcohol monitoring device<\/span>. The offender shall be further required to provide to such program, at least quarterly during the period of time the offender is ordered to use a remote alcohol monitoring device<\/span>, a copy of the data from such device indicating the offender’s blood alcohol content and showing attempts to circumvent or tamper with the device. The period of time during which the offender is required to use a remote alcohol monitoring device<\/span> shall be calculated from the date the offender is issued a restricted license by the court<\/span>; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court<\/span> until such time as the person is issued a restricted license by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The offender shall be ordered to provide the appropriate ASAP program, within 30 days of the effective date of the order<\/span> of court<\/span>, proof of the installation of the ignition interlock system<\/span>, and, if applicable, proof that the offender is using a remote alcohol monitoring device<\/span>. The Program shall require the offender to have the system and device monitored and calibrated for proper operation at least every 30 days by an entity approved by the Commission<\/span> under the provisions of § 18.2-270.2<\/a> and to demonstrate proof thereof. The offender shall pay the cost of leasing or buying and monitoring and maintaining the ignition interlock system<\/span> and the remote alcohol monitoring device<\/span>. Absent good cause shown, the court<\/span> may revoke the offender’s driving privilege<\/span> for failing to (i) timely install such system or use such device or (ii) have the system or device properly monitored and calibrated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No person shall start or attempt to start a motor vehicle equipped with an ignition interlock system<\/span> for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with an ignition interlock system<\/span>. No person shall tamper with, or in any way attempt to circumvent the operation of, an ignition interlock system<\/span> that has been installed in the motor vehicle of a person under this section. Except as authorized in subsection I, no person shall knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system<\/span> to any person prohibited under subsection B from operating any motor vehicle that is not equipped with such system. A violation of this subsection is punishable as a Class 1 misdemeanor<\/span>. The venue<\/span> for the prosecution<\/span> of a violation of this subsection shall be where the offense<\/span> occurred or the jurisdiction<\/span> in which the order<\/span> entered pursuant to subsection B was entered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No person shall tamper with, or in any way attempt to circumvent the operation of, a remote alcohol monitoring device<\/span> that an offender is ordered to use under this section. A violation of this subsection is punishable as a Class 1 misdemeanor<\/span>.\n\t\t\tAny person who violates this subsection shall have his restricted license issued pursuant to subsection E, as it shall become effective on July 1, 2021, revoked. The court<\/span> may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle in accordance with the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any person prohibited from operating a motor vehicle under subsection B may, solely in the course of his employment, operate a motor vehicle that is owned or provided by his employer without installation of an ignition interlock system<\/span>, if the court<\/span> expressly permits such operation as a condition of a restricted license at the request of the employer; such person shall not be permitted to operate any other vehicle without a functioning ignition interlock system<\/span> and, in no event, shall such person be permitted to operate a school bus, school vehicle, or a commercial motor vehicle as defined in § 46.2-341.4<\/a>. This subsection shall not apply if such employer is an entity wholly or partially owned or controlled by the person otherwise prohibited from operating a vehicle without an ignition interlock system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Commission<\/span> shall promulgate such regulations and forms as are necessary to implement the procedures outlined in this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIGNITION INTERLOCK SYSTEMS; PENALTY (\u00a7 18.2-270.1)\n\nA. For purposes of this section and § 18.2-270.2:\n\t\t\t“Commission” means the Commission on VASAP.\n\t\t\t“Department” means the Department of Motor Vehicles.\n\t\t\t“Ignition interlock system” means a device that (i) connects a\nmotor vehicle ignition system to an analyzer that measures a driver’s\nblood alcohol content; (ii) prevents a motor vehicle ignition from starting if a\ndriver’s blood alcohol content exceeds 0.02 percent; and (iii) is equipped\nwith the ability to perform a rolling retest and to electronically log the blood\nalcohol content during ignition, attempted ignition, and rolling retest.\n\t\t\t“Remote alcohol monitoring device” means an unsupervised mobile\ntesting device with the ability to confirm the location and presence of alcohol\nin a person and that is capable of scheduled, random, and on-demand tests that\nprovide immediate, or as-requested, results. A testing device may be worn or\nused by persons ordered by the court to provide measurements of the presence of\nalcohol in their blood.\n\t\t\t“Rolling retest” means a test of the vehicle operator’s\nblood alcohol content required at random intervals during operation of the\nvehicle, which triggers the sounding of the horn and flashing of lights if (i)\nthe test indicates that the operator has a blood alcohol content which exceeds\n0.02 percent or (ii) the operator fails to take the test.\n\nB. In addition to any penalty provided by law for a conviction under §\n18.2-51.4 or clauses (i), (ii), or (iv) of § 18.2-266 or a substantially\nsimilar ordinance of any county, city, or town, any court of proper jurisdiction\nshall, as a condition of a restricted license, prohibit an offender from\noperating a motor vehicle that is not equipped with a functioning, certified\nignition interlock system for any period of time not to exceed the period of\nlicense suspension and restriction, not less than 12 consecutive months without\nalcohol-related violations of the interlock requirements. In addition to any\npenalty provided by law for a conviction under clauses (iii) or (v) of §\n18.2-266 or a substantially similar ordinance of any county, city, or town, any\ncourt of proper jurisdiction may, for a first offense, as a condition of a\nrestricted license, prohibit an offender from operating a motor vehicle that is\nnot equipped with a functioning, certified ignition interlock system for any\nperiod of time not to exceed the period of license suspension and restriction,\nnot less than 12 consecutive months without alcohol-related violations of the\ninterlock requirements. The court shall, as a condition of a restricted license\nfor a conviction under § 18.2-51.4, a second or subsequent offense of\n§ 18.2-266 or a substantially similar ordinance of any county, city, or\ntown, or as a condition of license restoration pursuant to subsection C of\n§ 18.2-271.1 or § 46.2-391, require that such a system be installed on\neach motor vehicle, as defined in § 46.2-100, owned by or registered to the\noffender, in whole or in part, for any period of time not less than 12\nconsecutive months without alcohol-related violations of the interlock\nrequirements. Such condition shall be in addition to any purposes for which a\nrestricted license may be issued pursuant to § 18.2-271.1. Whenever an\nignition interlock system is required, the court may order the installation of\nan ignition interlock system to commence immediately upon conviction. A fee of\n$20 to cover court and administrative costs related to the ignition interlock\nsystem shall be paid by any such offender to the clerk of the court. The court\nshall require the offender to install an electronic log device with the ignition\ninterlock system on a vehicle designated by the court to measure the blood\nalcohol content at each attempted ignition and random rolling retest during\noperation of the vehicle. The offender shall be enrolled in and supervised by an\nalcohol safety action program pursuant to § 18.2-271.1 and to conditions\nestablished by regulation under § 18.2-270.2 by the Commission during the\nperiod for which the court has ordered installation of the ignition interlock\nsystem. The offender shall be further required to provide to such program, at\nleast quarterly during the period of court ordered ignition interlock\ninstallation, a printout from such electronic log indicating the\noffender’s blood alcohol content during such ignitions, attempted\nignitions, and rolling retests, and showing attempts to circumvent or tamper\nwith the equipment. The period of time during which the offender (i) is\nprohibited from operating a motor vehicle that is not equipped with an ignition\ninterlock system or (ii) is required to have an ignition interlock system\ninstalled on each motor vehicle owned by or registered to the offender, in whole\nor in part, shall be calculated from the date the offender is issued a\nrestricted license by the court; however, such period of time shall be tolled\nupon the expiration of the restricted license issued by the court until such\ntime as the person is issued a restricted license by the Department.\n\nC. However, if (i) a conviction was under § 18.2-266 or a substantially\nsimilar ordinance of any county, city, or town; (ii) the conviction was for a\nfirst offense; and (iii) the offender was an adult at the time of the offense,\nthe only restriction of a restricted license that the court shall impose is to\nprohibit the offender from operating a motor vehicle that is not equipped with a\nfunctioning, certified ignition interlock system for not less than 12\nconsecutive months without alcohol-related violations of the interlock\nrequirements. Upon motion of an offender, a court may require a minimum of six\nconsecutive months without alcohol-related violations of the interlock\nrequirements if additional restrictions are ordered for the duration of the\nrestricted license.\n\nD. In any case in which the court requires the installation of an ignition\ninterlock system, the court shall order the offender not to operate any motor\nvehicle that is not equipped with such a system for the period of time that the\ninterlock restriction is in effect. The clerk of the court shall file with the\nDepartment of Motor Vehicles a copy of the order, which shall become a part of\nthe offender’s operator’s license record maintained by the\nDepartment. The Department shall issue to the offender for the period during\nwhich the interlock restriction is imposed a restricted license which shall\nappropriately set forth the restrictions required by the court under this\nsubsection and any other restrictions imposed upon the offender’s driving\nprivilege, and shall also set forth any exception granted by the court under\nsubsection I.\n\nE. The court may, upon motion of an offender who is ineligible to receive a\nrestricted license in accordance with subsection C, order that the offender (i)\nuse a remote alcohol monitoring device for a period of time coextensive with the\nperiod of time of the prohibition imposed under subsection B and (ii) refrain\nfrom alcohol consumption during such period of time. Additionally, upon such\nmotion and pursuant to § 18.2-271.1, the court may issue a restricted\nlicense to operate a motor vehicle for any purpose to a person who is prohibited\nfrom operating a motor vehicle that is not equipped with a functioning,\ncertified ignition interlock system when such person is ordered to use a remote\nalcohol monitoring device pursuant to this subsection and has a functioning,\ncertified ignition interlock system installed on each motor vehicle, as defined\nin § 46.2-100, owned by or registered to the offender, in whole or in part.\n\t\t\tA fee of $20 to cover court and administrative costs related to the remote\nalcohol monitoring device shall be paid by any such offender to the clerk of the\ncourt. The offender shall be enrolled in and supervised by an alcohol safety\naction program pursuant to § 18.2-271.1 and shall comply with all\nconditions established by regulation under § 18.2-270.2 by the Commission\nduring the period for which the court has ordered the use of a remote alcohol\nmonitoring device. The offender shall be further required to provide to such\nprogram, at least quarterly during the period of time the offender is ordered to\nuse a remote alcohol monitoring device, a copy of the data from such device\nindicating the offender’s blood alcohol content and showing attempts to\ncircumvent or tamper with the device. The period of time during which the\noffender is required to use a remote alcohol monitoring device shall be\ncalculated from the date the offender is issued a restricted license by the\ncourt; however, such period of time shall be tolled upon the expiration of the\nrestricted license issued by the court until such time as the person is issued a\nrestricted license by the Department.\n\nF. The offender shall be ordered to provide the appropriate ASAP program, within\n30 days of the effective date of the order of court, proof of the installation\nof the ignition interlock system, and, if applicable, proof that the offender is\nusing a remote alcohol monitoring device. The Program shall require the offender\nto have the system and device monitored and calibrated for proper operation at\nleast every 30 days by an entity approved by the Commission under the provisions\nof § 18.2-270.2 and to demonstrate proof thereof. The offender shall pay\nthe cost of leasing or buying and monitoring and maintaining the ignition\ninterlock system and the remote alcohol monitoring device. Absent good cause\nshown, the court may revoke the offender’s driving privilege for failing\nto (i) timely install such system or use such device or (ii) have the system or\ndevice properly monitored and calibrated.\n\nG. No person shall start or attempt to start a motor vehicle equipped with an\nignition interlock system for the purpose of providing an operable motor vehicle\nto a person who is prohibited under this section from operating a motor vehicle\nthat is not equipped with an ignition interlock system. No person shall tamper\nwith, or in any way attempt to circumvent the operation of, an ignition\ninterlock system that has been installed in the motor vehicle of a person under\nthis section. Except as authorized in subsection I, no person shall knowingly\nfurnish a motor vehicle not equipped with a functioning ignition interlock\nsystem to any person prohibited under subsection B from operating any motor\nvehicle that is not equipped with such system. A violation of this subsection is\npunishable as a Class 1 misdemeanor. The venue for the prosecution of a\nviolation of this subsection shall be where the offense occurred or the\njurisdiction in which the order entered pursuant to subsection B was entered.\n\nH. No person shall tamper with, or in any way attempt to circumvent the\noperation of, a remote alcohol monitoring device that an offender is ordered to\nuse under this section. A violation of this subsection is punishable as a Class\n1 misdemeanor.\n\t\t\tAny person who violates this subsection shall have his restricted license\nissued pursuant to subsection E, as it shall become effective on July 1, 2021,\nrevoked. The court may, in its discretion and for good cause shown, provide that\nsuch person be issued a restricted permit to operate a motor vehicle in\naccordance with the terms of a restricted license issued pursuant to subsection\nE of § 18.2-271.1.\n\nI. Any person prohibited from operating a motor vehicle under subsection B may,\nsolely in the course of his employment, operate a motor vehicle that is owned or\nprovided by his employer without installation of an ignition interlock system,\nif the court expressly permits such operation as a condition of a restricted\nlicense at the request of the employer; such person shall not be permitted to\noperate any other vehicle without a functioning ignition interlock system and,\nin no event, shall such person be permitted to operate a school bus, school\nvehicle, or a commercial motor vehicle as defined in § 46.2-341.4. This\nsubsection shall not apply if such employer is an entity wholly or partially\nowned or controlled by the person otherwise prohibited from operating a vehicle\nwithout an ignition interlock system.\n\nJ. The Commission shall promulgate such regulations and forms as are necessary\nto implement the procedures outlined in this section.\n\nHISTORY: 1995, c. 486; 1996, c. 841; 1997, c. 691; 1998, cc. 783, 840; 1999, c.\n734; 2000, cc. 958, 980; 2004, c. 961; 2007, c. 686; 2008, c. 862; 2012, cc.\n141, 570; 2014, c. 707; 2017, c. 499; 2020, cc. 129, 530, 1007; 2025, c. 343.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}