{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-270.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-270.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-270.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-270.2.html"}],"law_id":81628,"edition_id":1,"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","history":"1995, c. 486; 2000, cc. 341, 362; 2020, c. 1007.","full_text":"A\n\nThe Executive Director of the Commission on VASAP or his designee shall, pursuant to approval by the Commission, certify ignition interlock systems for use in the Commonwealth and adopt regulations and forms for the installation, maintenance and certification of such ignition interlock systems.\n\t\t\tThe regulations adopted shall include requirements that ignition interlock systems:1\n\nDo not impede the safe operation of the vehicle;2\n\nMinimize opportunities to be bypassed, circumvented or tampered with, and provide evidence thereof;3\n\nCorrelate accurately with established measures of blood alcohol content and be calibrated according to the manufacturer’s specifications;4\n\nWork accurately and reliably in an unsupervised environment;5\n\nHave the capability to provide an accurate written measure of blood alcohol content for each ignition, attempted ignition, and rolling retest, and record each attempt to circumvent or tamper with the equipment;6\n\nMinimize inconvenience to other users;7\n\nBe manufactured or distributed by an entity responsible for installation, user training, service, and maintenance, and meet the safety and operational requirements promulgated by the National Highway Transportation Safety Administration;8\n\nOperate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;9\n\nBe manufactured by an entity which is adequately insured against liability, in an amount established by the Commission, including product liability and installation and maintenance errors;10\n\nProvide for an electronic log of the driver’s experience with the system with an information management system capable of electronically delivering information to the agency supervising the interlock user within 24 hours of the collection of such information from the datalogger; and11\n\nProvide for a rolling retest of the operator’s blood alcohol content.B\n\nThe Executive Director of the Commission on VASAP or his designee shall, pursuant to approval by the Commission, certify remote alcohol monitoring devices for use in the Commonwealth and adopt regulations and forms for the installation, maintenance, and certification of such remote alcohol monitoring devices.C\n\nSuch regulations shall also provide for the establishment of a fund, using a percentage of fees received by the manufacturer or distributor providing ignition interlock services or remote alcohol monitoring devices, to afford persons found by the court to be indigent all or part of the costs of an ignition interlock system or remote alcohol monitoring device.D\n\nThe Commission shall design and adopt a warning label to be affixed to an ignition interlock system or remote alcohol monitoring device upon installation. The warning label shall state that a person tampering with or attempting to circumvent the ignition interlock system or remote alcohol monitoring device is guilty of a Class 1 misdemeanor and, upon conviction, shall be subject to a fine or incarceration or both.E\n\nThe Commission shall publish a list of certified ignition interlock systems and remote alcohol monitoring devices and shall ensure that such systems and devices are available throughout the Commonwealth. The local alcohol safety action program shall make the list available to eligible offenders, who shall have the responsibility and authority to choose which certified ignition interlock company and certified remote alcohol monitoring company will supply the offender’s equipment. A manufacturer or distributor of an ignition interlock system or a remote alcohol monitoring device that seeks to sell or lease the ignition interlock system or remote alcohol monitoring device to persons subject to the provisions of § 18.2-270.1 shall pay the reasonable costs of obtaining the required certification, as set forth by the Commission.F\n\nA person may not sell or lease or offer to sell or lease an ignition interlock system or a remote alcohol monitoring device to any person subject to the provisions of \u00a7 18.2-270.1 unless:1\n\nThe system or device has been certified by the Commission; and2\n\nThe warning label adopted by the Commission is affixed to the system.G\n\nA manufacturer or distributor of an ignition interlock system or remote alcohol monitoring device shall provide such services as may be required at no cost to the Commonwealth. Such services shall include a toll free, 24-hour telephone number for the users of ignition interlock systems or remote alcohol monitoring devices.","order_by":null,"text":{"0":{"id":292357,"text":"The Executive Director of the Commission on VASAP or his designee shall, pursuant to approval by the Commission, certify ignition interlock systems for use in the Commonwealth and adopt regulations and forms for the installation, maintenance and certification of such ignition interlock systems.\n\t\t\tThe regulations adopted shall include requirements that ignition interlock systems:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":292358,"text":"Do not impede the safe operation of the vehicle;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":292359,"text":"Minimize opportunities to be bypassed, circumvented or tampered with, and provide evidence thereof;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":292360,"text":"Correlate accurately with established measures of blood alcohol content and be calibrated according to the manufacturer’s specifications;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":292361,"text":"Work accurately and reliably in an unsupervised environment;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":292362,"text":"Have the capability to provide an accurate written measure of blood alcohol content for each ignition, attempted ignition, and rolling retest, and record each attempt to circumvent or tamper with the equipment;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":292363,"text":"Minimize inconvenience to other users;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":292364,"text":"Be manufactured or distributed by an entity responsible for installation, user training, service, and maintenance, and meet the safety and operational requirements promulgated by the National Highway Transportation Safety Administration;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":292365,"text":"Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":292366,"text":"Be manufactured by an entity which is adequately insured against liability, in an amount established by the Commission, including product liability and installation and maintenance errors;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":292367,"text":"Provide for an electronic log of the driver’s experience with the system with an information management system capable of electronically delivering information to the agency supervising the interlock user within 24 hours of the collection of such information from the datalogger; and","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":292368,"text":"Provide for a rolling retest of the operator’s blood alcohol content.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"B"},"12":{"id":292369,"text":"The Executive Director of the Commission on VASAP or his designee shall, pursuant to approval by the Commission, certify remote alcohol monitoring devices for use in the Commonwealth and adopt regulations and forms for the installation, maintenance, and certification of such remote alcohol monitoring devices.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A11","next_prefix":"C"},"13":{"id":292370,"text":"Such regulations shall also provide for the establishment of a fund, using a percentage of fees received by the manufacturer or distributor providing ignition interlock services or remote alcohol monitoring devices, to afford persons found by the court to be indigent all or part of the costs of an ignition interlock system or remote alcohol monitoring device.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"14":{"id":292371,"text":"The Commission shall design and adopt a warning label to be affixed to an ignition interlock system or remote alcohol monitoring device upon installation. The warning label shall state that a person tampering with or attempting to circumvent the ignition interlock system or remote alcohol monitoring device is guilty of a Class 1 misdemeanor and, upon conviction, shall be subject to a fine or incarceration or both.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"15":{"id":292372,"text":"The Commission shall publish a list of certified ignition interlock systems and remote alcohol monitoring devices and shall ensure that such systems and devices are available throughout the Commonwealth. The local alcohol safety action program shall make the list available to eligible offenders, who shall have the responsibility and authority to choose which certified ignition interlock company and certified remote alcohol monitoring company will supply the offender’s equipment. A manufacturer or distributor of an ignition interlock system or a remote alcohol monitoring device that seeks to sell or lease the ignition interlock system or remote alcohol monitoring device to persons subject to the provisions of § 18.2-270.1 shall pay the reasonable costs of obtaining the required certification, as set forth by the Commission.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"16":{"id":292373,"text":"A person may not sell or lease or offer to sell or lease an ignition interlock system or a remote alcohol monitoring device to any person subject to the provisions of \u00a7 18.2-270.1 unless:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"17":{"id":292374,"text":"The system or device has been certified by the Commission; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"18":{"id":292375,"text":"The warning label adopted by the Commission is affixed to the system.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"19":{"id":292376,"text":"A manufacturer or distributor of an ignition interlock system or remote alcohol monitoring device shall provide such services as may be required at no cost to the Commonwealth. Such services shall include a toll free, 24-hour telephone number for the users of ignition interlock systems or remote alcohol monitoring devices.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-270.2\/","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 2 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 2000, chapters 341<\/a> and 362<\/a>; in 2020, chapter 1007<\/a>.<\/p>","references":[{"id":81550,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","order_by":null,"url":"\/18.2-270.1\/"}],"refers_to":[{"id":81550,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","order_by":null,"url":"\/18.2-270.1\/"}],"permalink":{"id":166905,"object_type":"law","relational_id":81628,"identifier":"18.2-270.2","token":"18.2\/7\/2\/18.2-270.2","url":"\/18.2-270.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-270.2\/","token":"18.2\/7\/2\/18.2-270.2","dublin_core":{"Title":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-270.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Executive Director of the Commission on VASAP or his designee shall, pursuant to approval by the Commission, certify ignition interlock systems for use in the Commonwealth and adopt regulations and forms for the installation, maintenance and certification of such ignition interlock systems.\n\t\t\tThe regulations adopted shall include requirements that ignition interlock systems: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Do not impede the safe operation of the vehicle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Minimize opportunities to be bypassed, circumvented or tampered with, and provide evidence<\/span> thereof; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Correlate accurately with established measures of blood alcohol content and be calibrated according to the manufacturer’s specifications; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Work accurately and reliably in an unsupervised environment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Have the capability to provide an accurate written measure of blood alcohol content for each ignition, attempted ignition, and rolling retest, and record each attempt to circumvent or tamper with the equipment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Minimize inconvenience to other users; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Be manufactured or distributed by an entity responsible for installation, user training, service, and maintenance, and meet the safety and operational requirements promulgated by the National Highway Transportation Safety Administration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Operate reliably over the range of motor vehicle<\/span> environments or motor vehicle<\/span> manufacturing standards; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Be manufactured by an entity which is adequately insured against liability, in an amount established by the Commission, including product liability and installation and maintenance errors; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Provide for an electronic log of the driver’s experience with the system with an information management system capable of electronically delivering information to the agency supervising the interlock user within 24 hours of the collection of such information from the datalogger; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Provide for a rolling retest of the operator’s blood alcohol content. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Executive Director of the Commission on VASAP or his designee shall, pursuant to approval by the Commission, certify remote alcohol monitoring devices for use in the Commonwealth and adopt regulations and forms for the installation, maintenance, and certification of such remote alcohol monitoring devices. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Such regulations shall also provide for the establishment of a fund, using a percentage of fees received by the manufacturer or distributor providing ignition interlock services or remote alcohol monitoring devices, to afford persons found by the court<\/span> to be indigent<\/span> all or part of the costs of an ignition interlock system or remote alcohol monitoring device. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission shall design and adopt a warning label to be affixed to an ignition interlock system or remote alcohol monitoring device upon installation. The warning label shall state that a person tampering with or attempting to circumvent the ignition interlock system or remote alcohol monitoring device is guilty of a Class 1 misdemeanor<\/span> and, upon conviction<\/span>, shall be subject to a fine or incarceration or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commission shall publish a list of certified ignition interlock systems and remote alcohol monitoring devices and shall ensure that such systems and devices are available throughout the Commonwealth. The local alcohol safety action program shall make the list available to eligible offenders, who shall have the responsibility and authority to choose which certified ignition interlock company and certified remote alcohol monitoring company will supply the offender’s equipment. A manufacturer or distributor of an ignition interlock system or a remote alcohol monitoring device that seeks to sell or lease the ignition interlock system or remote alcohol monitoring device to persons subject to the provisions of § 18.2-270.1<\/a> shall pay the reasonable costs of obtaining the required certification, as set forth by the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A person may not sell or lease or offer to sell or lease an ignition interlock system or a remote alcohol monitoring device to any person subject to the provisions of \u00a7 18.2-270.1<\/a> unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The system or device has been certified by the Commission; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The warning label adopted by the Commission is affixed to the system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A manufacturer or distributor of an ignition interlock system or remote alcohol monitoring device shall provide such services as may be required at no cost to the Commonwealth. Such services shall include a toll free, 24-hour telephone number for the users of ignition interlock systems or remote alcohol monitoring devices. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIGNITION INTERLOCK SYSTEM AND REMOTE ALCOHOL MONITORING DEVICE; CERTIFICATION BY\nCOMMISSION ON VASAP; REGULATIONS; SALE OR LEASE; MONITORING USE; REPORTS (\u00a7\n18.2-270.2)\n\nA. The Executive Director of the Commission on VASAP or his designee shall,\npursuant to approval by the Commission, certify ignition interlock systems for\nuse in the Commonwealth and adopt regulations and forms for the installation,\nmaintenance and certification of such ignition interlock systems.\n\t\t\tThe regulations adopted shall include requirements that ignition interlock\nsystems:\n\n 1. Do not impede the safe operation of the vehicle;\n\n 2. Minimize opportunities to be bypassed, circumvented or tampered with, and\n provide evidence thereof;\n\n 3. Correlate accurately with established measures of blood alcohol content and\n be calibrated according to the manufacturer’s specifications;\n\n 4. Work accurately and reliably in an unsupervised environment;\n\n 5. Have the capability to provide an accurate written measure of blood alcohol\n content for each ignition, attempted ignition, and rolling retest, and record\n each attempt to circumvent or tamper with the equipment;\n\n 6. Minimize inconvenience to other users;\n\n 7. Be manufactured or distributed by an entity responsible for installation,\n user training, service, and maintenance, and meet the safety and operational\n requirements promulgated by the National Highway Transportation Safety\n Administration;\n\n 8. Operate reliably over the range of motor vehicle environments or motor\n vehicle manufacturing standards;\n\n 9. Be manufactured by an entity which is adequately insured against liability,\n in an amount established by the Commission, including product liability and\n installation and maintenance errors;\n\n 10. Provide for an electronic log of the driver’s experience with the\n system with an information management system capable of electronically\n delivering information to the agency supervising the interlock user within 24\n hours of the collection of such information from the datalogger; and\n\n 11. Provide for a rolling retest of the operator’s blood alcohol\n content.\n\nB. The Executive Director of the Commission on VASAP or his designee shall,\npursuant to approval by the Commission, certify remote alcohol monitoring\ndevices for use in the Commonwealth and adopt regulations and forms for the\ninstallation, maintenance, and certification of such remote alcohol monitoring\ndevices.\n\nC. Such regulations shall also provide for the establishment of a fund, using a\npercentage of fees received by the manufacturer or distributor providing\nignition interlock services or remote alcohol monitoring devices, to afford\npersons found by the court to be indigent all or part of the costs of an\nignition interlock system or remote alcohol monitoring device.\n\nD. The Commission shall design and adopt a warning label to be affixed to an\nignition interlock system or remote alcohol monitoring device upon installation.\nThe warning label shall state that a person tampering with or attempting to\ncircumvent the ignition interlock system or remote alcohol monitoring device is\nguilty of a Class 1 misdemeanor and, upon conviction, shall be subject to a fine\nor incarceration or both.\n\nE. The Commission shall publish a list of certified ignition interlock systems\nand remote alcohol monitoring devices and shall ensure that such systems and\ndevices are available throughout the Commonwealth. The local alcohol safety\naction program shall make the list available to eligible offenders, who shall\nhave the responsibility and authority to choose which certified ignition\ninterlock company and certified remote alcohol monitoring company will supply\nthe offender’s equipment. A manufacturer or distributor of an ignition\ninterlock system or a remote alcohol monitoring device that seeks to sell or\nlease the ignition interlock system or remote alcohol monitoring device to\npersons subject to the provisions of § 18.2-270.1 shall pay the reasonable\ncosts of obtaining the required certification, as set forth by the Commission.\n\nF. A person may not sell or lease or offer to sell or lease an ignition\ninterlock system or a remote alcohol monitoring device to any person subject to\nthe provisions of \u00a7 18.2-270.1 unless:\n\n 1. The system or device has been certified by the Commission; and\n\n 2. The warning label adopted by the Commission is affixed to the system.\n\nG. A manufacturer or distributor of an ignition interlock system or remote\nalcohol monitoring device shall provide such services as may be required at no\ncost to the Commonwealth. Such services shall include a toll free, 24-hour\ntelephone number for the users of ignition interlock systems or remote alcohol\nmonitoring devices.\n\nHISTORY: 1995, c. 486; 2000, cc. 341, 362; 2020, c. 1007.","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}}