{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-223.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-223.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-223.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-223.1.html"}],"law_id":71126,"edition_id":1,"section_id":71126,"structure_id":16525,"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","history":"2023, cc. 660, 661.","full_text":"A\n\nThe Department shall collect data related to driving under the influence of alcohol, drugs, or a combination thereof, on an annual basis based on the calendar year. The Department may request data and shall be provided such data upon request from (i) every department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party, or any political subdivision thereof; (ii) any criminal justice agency as defined in § 9.1-101; and (iii) the clerk of each circuit court. If the statewide Circuit Court Case Management System is used by the circuit court clerk, the Executive Secretary of the Supreme Court shall provide for the transfer of such data upon request of the Department.B\n\nThe Department shall annually collect the following data based on the calendar year:1\n\nThe number of motor vehicle and commercial motor vehicle crashes, injuries, serious injuries, and fatalities that involved alcohol, drugs, or a combination of alcohol and drugs, as maintained by the Department;2\n\nThe number of drivers, passengers, bicyclists, and pedestrians killed in motor vehicle and commercial motor vehicle crashes, including the blood alcohol content and any drugs identified in the blood of each decedent driver, as maintained by the Office of the Chief Medical Examiner;3\n\nThe number of full-time, sworn officer positions allotted to each law-enforcement agency and the number of full-time, sworn officers employed by each law-enforcement agency, as maintained by the Department of State Police;4\n\nThe number of arrests for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31, as maintained by the Department of State Police;5\n\nThe number of charges and convictions for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31 across all district and circuit courts, as maintained by the Executive Secretary of the Supreme Court of Virginia or any circuit court clerk who maintains an independent case management system;6\n\nThe number of adults sentenced to a term of incarceration for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31, including the active period of incarceration imposed and the length of time that the person was incarcerated, as maintained by the Compensation Board and the Department of Corrections;7\n\nThe number of individuals ordered to report to the Virginia Alcohol Safety Action Program and the number of individuals under the supervision of such program, as maintained by the Virginia Alcohol Safety Action Program;8\n\nThe number of ignition interlock devices installed on motor vehicles and the number of remote alcohol monitoring devices applied to individuals, as maintained by the Virginia Alcohol Safety Action Program;9\n\nThe number of breath alcohol tests administered and the average blood alcohol concentration test results, as maintained by the Department of Forensic Science;10\n\nThe number of driving under the influence-related blood sample submissions and any drugs or drug classes identified in such samples, as maintained by the Department of Forensic Science;11\n\nThe total number of restrictions, suspensions, and revocations of Virginia driver’s licenses and commercial driver’s licenses for driving under the influence, as maintained by the Department;12\n\nThe number of specific driving under the influence-related enforcement measures conducted by law-enforcement agencies, such as sobriety checkpoints, saturation patrols, and any other relevant measures, as maintained by the Department;13\n\nThe total amount of grant money awarded to Virginia, each law-enforcement agency, and any other entity that is not a law-enforcement agency by the National Highway Traffic Safety Administration, as maintained by the Department; and14\n\nAny other data deemed relevant and reliable by the Department.C\n\nThe Department shall submit an annual report based on the data collected pursuant to subsection B on or before October 1 to the General Assembly, the Governor, and the Virginia State Crime Commission. The report shall also be made available to the public on the website of the Department. The data set forth in subsection B shall be reported at aggregate statewide level based on the calendar year over a period of at least five years and, to the extent possible, shall also be reported at an aggregate level by locality and by law-enforcement agency over the same time period. Additionally, to the extent possible, the data shall distinguish between alcohol, drug, or alcohol and drug impaired driving. Such report may also include recommendations to improve the enforcement of driving under the influence laws or the collection of relevant data.D\n\nNothing in this section shall require any (i) department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party, or any political subdivision thereof; (ii) criminal justice agency as defined in § 9.1-101; or (iii) clerk of circuit court to provide data to the Department if the requested data is not regularly maintained by such entity or if such data is prohibited from such disclosure under any other law or under the Virginia Rules of Professional Conduct.","order_by":null,"text":{"0":{"id":256433,"text":"The Department shall collect data related to driving under the influence of alcohol, drugs, or a combination thereof, on an annual basis based on the calendar year. The Department may request data and shall be provided such data upon request from (i) every department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party, or any political subdivision thereof; (ii) any criminal justice agency as defined in § 9.1-101; and (iii) the clerk of each circuit court. If the statewide Circuit Court Case Management System is used by the circuit court clerk, the Executive Secretary of the Supreme Court shall provide for the transfer of such data upon request of the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256434,"text":"The Department shall annually collect the following data based on the calendar year:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":256435,"text":"The number of motor vehicle and commercial motor vehicle crashes, injuries, serious injuries, and fatalities that involved alcohol, drugs, or a combination of alcohol and drugs, as maintained by the Department;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":256436,"text":"The number of drivers, passengers, bicyclists, and pedestrians killed in motor vehicle and commercial motor vehicle crashes, including the blood alcohol content and any drugs identified in the blood of each decedent driver, as maintained by the Office of the Chief Medical Examiner;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":256437,"text":"The number of full-time, sworn officer positions allotted to each law-enforcement agency and the number of full-time, sworn officers employed by each law-enforcement agency, as maintained by the Department of State Police;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":256438,"text":"The number of arrests for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31, as maintained by the Department of State Police;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":256439,"text":"The number of charges and convictions for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31 across all district and circuit courts, as maintained by the Executive Secretary of the Supreme Court of Virginia or any circuit court clerk who maintains an independent case management system;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":256440,"text":"The number of adults sentenced to a term of incarceration for violations of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31, including the active period of incarceration imposed and the length of time that the person was incarcerated, as maintained by the Compensation Board and the Department of Corrections;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":256441,"text":"The number of individuals ordered to report to the Virginia Alcohol Safety Action Program and the number of individuals under the supervision of such program, as maintained by the Virginia Alcohol Safety Action Program;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":256442,"text":"The number of ignition interlock devices installed on motor vehicles and the number of remote alcohol monitoring devices applied to individuals, as maintained by the Virginia Alcohol Safety Action Program;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":256443,"text":"The number of breath alcohol tests administered and the average blood alcohol concentration test results, as maintained by the Department of Forensic Science;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":256444,"text":"The number of driving under the influence-related blood sample submissions and any drugs or drug classes identified in such samples, as maintained by the Department of Forensic Science;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":256445,"text":"The total number of restrictions, suspensions, and revocations of Virginia driver’s licenses and commercial driver’s licenses for driving under the influence, as maintained by the Department;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":256446,"text":"The number of specific driving under the influence-related enforcement measures conducted by law-enforcement agencies, such as sobriety checkpoints, saturation patrols, and any other relevant measures, as maintained by the Department;","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":256447,"text":"The total amount of grant money awarded to Virginia, each law-enforcement agency, and any other entity that is not a law-enforcement agency by the National Highway Traffic Safety Administration, as maintained by the Department; and","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":256448,"text":"Any other data deemed relevant and reliable by the Department.","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"C"},"16":{"id":256449,"text":"The Department shall submit an annual report based on the data collected pursuant to subsection B on or before October 1 to the General Assembly, the Governor, and the Virginia State Crime Commission. The report shall also be made available to the public on the website of the Department. The data set forth in subsection B shall be reported at aggregate statewide level based on the calendar year over a period of at least five years and, to the extent possible, shall also be reported at an aggregate level by locality and by law-enforcement agency over the same time period. Additionally, to the extent possible, the data shall distinguish between alcohol, drug, or alcohol and drug impaired driving. Such report may also include recommendations to improve the enforcement of driving under the influence laws or the collection of relevant data.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B14","next_prefix":"D"},"17":{"id":256450,"text":"Nothing in this section shall require any (i) department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party, or any political subdivision thereof; (ii) criminal justice agency as defined in § 9.1-101; or (iii) clerk of circuit court to provide data to the Department if the requested data is not regularly maintained by such entity or if such data is prohibited from such disclosure under any other law or under the Virginia Rules of Professional Conduct.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16525,"edition_id":1,"name":"Powers and Duties of Department Related to Transportation Safety","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13271,"metadata":{},"date_created":"2026-06-26 04:22:33","date_modified":"2026-06-26 04:22:33","permalink":{"id":225583,"object_type":"structure","relational_id":16525,"identifier":"2","token":"46.2\/I\/2\/2","url":"\/46.2\/I\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13271,"edition_id":1,"name":"Department of Motor Vehicles","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13270,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":225387,"object_type":"structure","relational_id":13271,"identifier":"2","token":"46.2\/I\/2","url":"\/46.2\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13270,"edition_id":1,"name":"General Provisions; Department of Motor Vehicles","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":225291,"object_type":"structure","relational_id":13270,"identifier":"I","token":"46.2\/I","url":"\/46.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86090,"structure_id":16525,"section_number":"46.2-222","catch_line":"General powers of Commissioner with respect to transportation safety","url":"\/46.2-222\/","token":"46.2\/I\/2\/2\/46.2-222","metadata":false},{"id":84259,"structure_id":16525,"section_number":"46.2-223","catch_line":"Additional powers and duties of Commissioner","url":"\/46.2-223\/","token":"46.2\/I\/2\/2\/46.2-223","metadata":false},{"id":71126,"structure_id":16525,"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","url":"\/46.2-223.1\/","token":"46.2\/I\/2\/2\/46.2-223.1","metadata":false},{"id":70481,"structure_id":16525,"section_number":"46.2-224","catch_line":"Repealed","url":"\/46.2-224\/","token":"46.2\/I\/2\/2\/46.2-224","metadata":false}],"previous_section":{"id":84259,"structure_id":16525,"section_number":"46.2-223","catch_line":"Additional powers and duties of Commissioner","url":"\/46.2-223\/","token":"46.2\/I\/2\/2\/46.2-223","metadata":false},"next_section":{"id":70481,"structure_id":16525,"section_number":"46.2-224","catch_line":"Repealed","url":"\/46.2-224\/","token":"46.2\/I\/2\/2\/46.2-224","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-223.1\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapters 660<\/a> and 661<\/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.<\/p>","references":false,"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":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"id":81550,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","order_by":null,"url":"\/18.2-270.1\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"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":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"},{"id":54631,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","order_by":null,"url":"\/46.2-341.26_3\/"},{"id":79763,"section_number":"46.2-341.29","catch_line":"Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04","order_by":null,"url":"\/46.2-341.29\/"},{"id":78117,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","order_by":null,"url":"\/46.2-341.31\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":225593,"object_type":"law","relational_id":71126,"identifier":"46.2-223.1","token":"46.2\/I\/2\/2\/46.2-223.1","url":"\/46.2-223.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-223.1\/","token":"46.2\/I\/2\/2\/46.2-223.1","dublin_core":{"Title":"Collection and reporting of data related to driving under the influence of alcohol, drugs, or a combination thereof","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-223.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> shall collect data related to driving under the influence of alcohol, drugs, or a combination thereof, on an annual basis based on the calendar year. The Department<\/span> may request data and shall be provided such data upon request from (i) every department<\/span>, division, board, bureau, commission<\/span>, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party<\/span>, or any political subdivision thereof; (ii) any criminal justice agency as defined in § 9.1-101<\/a>; and (iii) the clerk of each circuit<\/span> court<\/span>. If the statewide Circuit<\/span> Court<\/span> Case Management System is used by the circuit<\/span> court<\/span> clerk, the Executive Secretary of the Supreme Court<\/span> shall provide for the transfer of such data upon request of the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall annually collect the following data based on the calendar year: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The number of motor vehicle<\/span> and commercial motor vehicle<\/span> crashes, injuries, serious injuries, and fatalities that involved alcohol, drugs, or a combination of alcohol and drugs, as maintained by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The number of drivers<\/span>, passengers, bicyclists, and pedestrians killed in motor vehicle<\/span> and commercial motor vehicle<\/span> crashes, including the blood alcohol content and any drugs identified in the blood of each decedent driver<\/span>, as maintained by the Office of the Chief Medical Examiner; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The number of full-time, sworn officer positions allotted to each law<\/span>-enforcement agency and the number of full-time, sworn officers employed by each law<\/span>-enforcement agency, as maintained by the Department<\/span> of State Police; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The number of arrests<\/span> for violations of §§ 18.2-36.1<\/a>, 18.2-51.4<\/a>, 18.2-266<\/a>, 18.2-266.1<\/a>, 18.2-268.3<\/a>, 18.2-270.1<\/a>, 18.2-272<\/a>, 46.2-341.24<\/a>, 46.2-341.26:3<\/a>, 46.2-341.29<\/a>, and 46.2-341.31<\/a>, as maintained by the Department<\/span> of State Police; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The number of charges and convictions<\/span> for violations of §§ 18.2-36.1<\/a>, 18.2-51.4<\/a>, 18.2-266<\/a>, 18.2-266.1<\/a>, 18.2-268.3<\/a>, 18.2-270.1<\/a>, 18.2-272<\/a>, 46.2-341.24<\/a>, 46.2-341.26:3<\/a>, 46.2-341.29<\/a>, and 46.2-341.31<\/a> across all district and circuit<\/span> courts<\/span>, as maintained by the Executive Secretary of the Supreme Court<\/span> of Virginia or any circuit<\/span> court<\/span> clerk who maintains an independent case management system; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The number of adults sentenced to a term of incarceration for violations of §§ 18.2-36.1<\/a>, 18.2-51.4<\/a>, 18.2-266<\/a>, 18.2-266.1<\/a>, 18.2-268.3<\/a>, 18.2-270.1<\/a>, 18.2-272<\/a>, 46.2-341.24<\/a>, 46.2-341.26:3<\/a>, 46.2-341.29<\/a>, and 46.2-341.31<\/a>, including the active period of incarceration imposed and the length of time that the person was incarcerated, as maintained by the Compensation Board and the Department<\/span> of Corrections; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The number of individuals ordered to report to the Virginia Alcohol Safety Action Program and the number of individuals under the supervision of such program, as maintained by the Virginia Alcohol Safety Action Program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The number of ignition interlock devices installed on motor vehicles<\/span> and the number of remote alcohol monitoring devices applied to individuals, as maintained by the Virginia Alcohol Safety Action Program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The number of breath alcohol tests administered and the average blood alcohol concentration test results, as maintained by the Department<\/span> of Forensic Science; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The number of driving under the influence-related blood sample submissions and any drugs or drug classes identified in such samples, as maintained by the Department<\/span> of Forensic Science; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The total number of restrictions, suspensions<\/span>, and revocations<\/span> of Virginia driver<\/span>’s licenses and commercial driver<\/span>’s licenses for driving under the influence, as maintained by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> The number of specific driving under the influence-related enforcement measures conducted by law<\/span>-enforcement agencies, such as sobriety checkpoints, saturation patrols, and any other relevant measures, as maintained by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> The total amount of grant money awarded to Virginia, each law<\/span>-enforcement agency, and any other entity that is not a law<\/span>-enforcement agency by the National Highway<\/span> Traffic Safety Administration, as maintained by the Department<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Any other data deemed relevant and reliable by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall submit an annual report based on the data collected pursuant to subsection B on or before October 1 to the General Assembly, the Governor, and the Virginia State Crime<\/span> Commission<\/span>. The report shall also be made available to the public on the website of the Department<\/span>. The data set forth in subsection B shall be reported at aggregate statewide level based on the calendar year over a period of at least five years and, to the extent possible, shall also be reported at an aggregate level by locality and by law<\/span>-enforcement agency over the same time period. Additionally, to the extent possible, the data shall distinguish between alcohol, drug, or alcohol and drug impaired driving. Such report may also include recommendations to improve the enforcement of driving under the influence laws<\/span> or the collection of relevant data. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall require any (i) department<\/span>, division, board, bureau, commission<\/span>, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party<\/span>, or any political subdivision thereof; (ii) criminal justice agency as defined in § 9.1-101<\/a>; or (iii) clerk of circuit<\/span> court<\/span> to provide data to the Department<\/span> if the requested data is not regularly maintained by such entity or if such data is prohibited from such disclosure under any other law<\/span> or under the Virginia Rules of Professional Conduct. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOLLECTION AND REPORTING OF DATA RELATED TO DRIVING UNDER THE INFLUENCE OF\nALCOHOL, DRUGS, OR A COMBINATION THEREOF (\u00a7 46.2-223.1)\n\nA. The Department shall collect data related to driving under the influence of\nalcohol, drugs, or a combination thereof, on an annual basis based on the\ncalendar year. The Department may request data and shall be provided such data\nupon request from (i) every department, division, board, bureau, commission,\nauthority, or other agency created by the Commonwealth, or to which the\nCommonwealth is a party, or any political subdivision thereof; (ii) any criminal\njustice agency as defined in § 9.1-101; and (iii) the clerk of each circuit\ncourt. If the statewide Circuit Court Case Management System is used by the\ncircuit court clerk, the Executive Secretary of the Supreme Court shall provide\nfor the transfer of such data upon request of the Department.\n\nB. The Department shall annually collect the following data based on the\ncalendar year:\n\n 1. The number of motor vehicle and commercial motor vehicle crashes, injuries,\n serious injuries, and fatalities that involved alcohol, drugs, or a\n combination of alcohol and drugs, as maintained by the Department;\n\n 2. The number of drivers, passengers, bicyclists, and pedestrians killed in\n motor vehicle and commercial motor vehicle crashes, including the blood\n alcohol content and any drugs identified in the blood of each decedent driver,\n as maintained by the Office of the Chief Medical Examiner;\n\n 3. The number of full-time, sworn officer positions allotted to each\n law-enforcement agency and the number of full-time, sworn officers employed by\n each law-enforcement agency, as maintained by the Department of State Police;\n\n 4. The number of arrests for violations of §§ 18.2-36.1, 18.2-51.4,\n 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272, 46.2-341.24,\n 46.2-341.26:3, 46.2-341.29, and 46.2-341.31, as maintained by the Department\n of State Police;\n\n 5. The number of charges and convictions for violations of §§\n 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-272,\n 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and 46.2-341.31 across all district\n and circuit courts, as maintained by the Executive Secretary of the Supreme\n Court of Virginia or any circuit court clerk who maintains an independent case\n management system;\n\n 6. The number of adults sentenced to a term of incarceration for violations of\n §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-268.3,\n 18.2-270.1, 18.2-272, 46.2-341.24, 46.2-341.26:3, 46.2-341.29, and\n 46.2-341.31, including the active period of incarceration imposed and the\n length of time that the person was incarcerated, as maintained by the\n Compensation Board and the Department of Corrections;\n\n 7. The number of individuals ordered to report to the Virginia Alcohol Safety\n Action Program and the number of individuals under the supervision of such\n program, as maintained by the Virginia Alcohol Safety Action Program;\n\n 8. The number of ignition interlock devices installed on motor vehicles and\n the number of remote alcohol monitoring devices applied to individuals, as\n maintained by the Virginia Alcohol Safety Action Program;\n\n 9. The number of breath alcohol tests administered and the average blood\n alcohol concentration test results, as maintained by the Department of\n Forensic Science;\n\n 10. The number of driving under the influence-related blood sample submissions\n and any drugs or drug classes identified in such samples, as maintained by the\n Department of Forensic Science;\n\n 11. The total number of restrictions, suspensions, and revocations of Virginia\n driver’s licenses and commercial driver’s licenses for driving\n under the influence, as maintained by the Department;\n\n 12. The number of specific driving under the influence-related enforcement\n measures conducted by law-enforcement agencies, such as sobriety checkpoints,\n saturation patrols, and any other relevant measures, as maintained by the\n Department;\n\n 13. The total amount of grant money awarded to Virginia, each law-enforcement\n agency, and any other entity that is not a law-enforcement agency by the\n National Highway Traffic Safety Administration, as maintained by the\n Department; and\n\n 14. Any other data deemed relevant and reliable by the Department.\n\nC. The Department shall submit an annual report based on the data collected\npursuant to subsection B on or before October 1 to the General Assembly, the\nGovernor, and the Virginia State Crime Commission. The report shall also be made\navailable to the public on the website of the Department. The data set forth in\nsubsection B shall be reported at aggregate statewide level based on the\ncalendar year over a period of at least five years and, to the extent possible,\nshall also be reported at an aggregate level by locality and by law-enforcement\nagency over the same time period. Additionally, to the extent possible, the data\nshall distinguish between alcohol, drug, or alcohol and drug impaired driving.\nSuch report may also include recommendations to improve the enforcement of\ndriving under the influence laws or the collection of relevant data.\n\nD. Nothing in this section shall require any (i) department, division, board,\nbureau, commission, authority, or other agency created by the Commonwealth, or\nto which the Commonwealth is a party, or any political subdivision thereof; (ii)\ncriminal justice agency as defined in § 9.1-101; or (iii) clerk of circuit\ncourt to provide data to the Department if the requested data is not regularly\nmaintained by such entity or if such data is prohibited from such disclosure\nunder any other law or under the Virginia Rules of Professional Conduct.\n\nHISTORY: 2023, cc. 660, 661.","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}}