                                 CODE OF VIRGINIA

PROBATION, EDUCATION, AND REHABILITATION OF PERSON CHARGED OR CONVICTED; PERSON
CONVICTED UNDER LAW OF ANOTHER STATE OR FEDERAL LAW (§ 18.2-271.1)

A. Any person convicted of a first or second offense of &#xA7; 18.2-266, or any
ordinance of a county, city, or town similar to the provisions thereof, or
provisions of subsection A of &#xA7; 46.2-341.24, shall be required by court
order, as a condition of probation or otherwise, to enter into and successfully
complete an alcohol safety action program in the judicial district in which such
charge is brought or in any other judicial district upon such terms and
conditions as the court may set forth. However, upon motion of a person
convicted of any such offense following an assessment of the person conducted by
an alcohol safety action program, the court, for good cause, may decline to
order participation in such a program if the assessment by the alcohol safety
action program indicates that intervention is not appropriate for such person.
In no event shall such persons be permitted to enter any such program which is
not certified as meeting minimum standards and criteria established by the
Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to
this section and to &#xA7; 18.2-271.2. However, any person charged with a
violation of a first or second offense of &#xA7; 18.2-266, or any ordinance of a
county, city, or town similar to the provisions thereof, or provisions of
subsection A of &#xA7; 46.2-341.24, may, at any time prior to trial, enter into
an alcohol safety action program in the judicial district in which such charge
is brought or in any other judicial district. Any person who enters into such
program prior to trial may pre-qualify with the program to have an ignition
interlock system installed on any motor vehicle owned or operated by him and may
have such ignition interlock system installed. Any installation period of time
accrued by such person prior to trial for the pending charge shall count toward
any (i) ignition interlock or restricted license period of time ordered by a
court or (ii) restricted license, suspension, or revocation issued by the
Department of Motor Vehicles pursuant to &#xA7; 46.2-389.

B. The court shall require the person entering such program under the provisions
of this section to pay a fee of no less than $250 but no more than $300. A
reasonable portion of such fee, as may be determined by the Commission on VASAP,
but not to exceed 10 percent, shall be forwarded monthly to be deposited with
the State Treasurer for expenditure by the Commission on VASAP, and the balance
shall be held in a separate fund for local administration of driver alcohol
rehabilitation programs. Upon a positive finding that the defendant is indigent,
the court may reduce or waive the fee. In addition to the costs of the
proceeding, fees as may reasonably be required of defendants referred for
intervention under any such program may be charged.

C. Upon conviction of a violation of &#xA7; 18.2-266 or any ordinance of a
county, city or town similar to the provisions thereof, or subsection A of
&#xA7; 46.2-341.24, the court shall impose the sentence authorized by &#xA7;
18.2-270 or 46.2-341.28 and the license revocation as authorized by &#xA7;
18.2-271. In addition, if the conviction was for a second offense committed
within less than 10 years after a first such offense, the court shall order that
restoration of the person&#8217;s license to drive be conditioned upon the
installation of an ignition interlock system on each motor vehicle, as defined
in &#xA7; 46.2-100, owned by or registered to the person, in whole or in part,
for a period of 12 consecutive months without alcohol-related violations of the
interlock requirements beginning at the end of the three-year license
revocation, unless such a system has already been installed for 12 consecutive
months without alcohol-related violations of the interlock requirements prior to
that time pursuant to a restricted license order under subsection E. Upon a
finding that a person so convicted is required to participate in the program
described herein, the court shall enter the conviction on the warrant, and shall
note that the person so convicted has been referred to such program. The court
may then proceed to issue an order in accordance with subsection E, if the court
finds that the person so convicted is eligible for a restricted license. If the
court finds good cause for a person not to participate in such program or
subsequently that such person has violated, without good cause, any of the
conditions set forth by the court in entering the program, the court shall
dispose of the case as if no program had been entered, in which event the
revocation provisions of &#xA7; 46.2-389 and subsection A of &#xA7; 46.2-391
shall be applicable to the conviction. The court shall, upon final disposition
of the case, send a copy of its order to the Commissioner of the Department of
Motor Vehicles. If such order provides for the issuance of a restricted license,
the Commissioner of the Department of Motor Vehicles, upon receipt thereof,
shall issue a restricted license. The period of time during which the person (i)
is prohibited from operating a motor vehicle that is not equipped with an
ignition interlock system, (ii) is required to have an ignition interlock system
installed on each motor vehicle owned by or registered to the person, in whole
or in part, or (iii) is required to use a remote alcohol monitoring device shall
be calculated from the date the person 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 of Motor Vehicles. Appeals from any such
disposition shall be allowed as provided by law. The time within which an appeal
may be taken shall be calculated from the date of the final disposition of the
case or any motion for rehearing, whichever is later.

D. Any person who has been convicted under the law of another state or the
United States of an offense substantially similar to the provisions of &#xA7;
18.2-266 or subsection A of &#xA7; 46.2-341.24, and whose privilege to operate a
motor vehicle in this Commonwealth is subject to revocation under the provisions
of &#xA7; 46.2-389 and subsection A of &#xA7; 46.2-391, may petition the general
district court of the county or city in which he resides that he be given
probation and assigned to a program as provided in subsection A and that, upon
entry into such program, he be issued an order in accordance with subsection E.
If the court finds that such person would have qualified therefor if he had been
convicted in this Commonwealth of a violation of &#xA7; 18.2-266 or subsection A
of &#xA7; 46.2-341.24, the court may grant the petition and may issue an order
in accordance with subsection E as to the period of license suspension or
revocation imposed pursuant to &#xA7; 46.2-389 or subsection A of &#xA7;
46.2-391. The court (i) shall, as a condition of a restricted license, prohibit
such person from operating a motor vehicle that is not equipped with a
functioning, certified ignition interlock system for a period of time not to
exceed the period of license suspension and restriction, not less than
12consecutive months without alcohol-related violations of interlock
requirements, and (ii) may, upon request of such person and as a condition of a
restricted license, require such person to use a remote alcohol monitoring
device in accordance with the provisions of subsection E of &#xA7; 18.2-270.1.
Such order shall be conditioned upon the successful completion of a program by
the petitioner. If the court subsequently finds that such person has violated
any of the conditions set forth by the court, the court shall dispose of the
case as if no program had been entered and shall notify the Commissioner, who
shall revoke the person&#8217;s license in accordance with the provisions of
&#xA7; 46.2-389 or subsection A of &#xA7; 46.2-391. A copy of the order granting
the petition or subsequently revoking or suspending such person&#8217;s license
to operate a motor vehicle shall be forthwith sent to the Commissioner of the
Department of Motor Vehicles. The period of time during which the person (a) is
prohibited from operating a motor vehicle that is not equipped with an ignition
interlock system or (b) is required to use a remote alcohol monitoring device
shall be calculated from the date the person 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 of Motor Vehicles.
			No period of license suspension or revocation shall be imposed pursuant to
this subsection which, when considered together with any period of license
suspension or revocation previously imposed for the same offense under the law
of another state or the United States, results in such person&#8217;s license
being suspended for a period in excess of the maximum periods specified in this
subsection.

E. Except as otherwise provided herein, if a person enters a certified program
pursuant to this section, and such person&#8217;s license to operate a motor
vehicle, engine, or train in the Commonwealth has been suspended or revoked, or
a person&#8217;s license to operate a motor vehicle, engine, or train in the
Commonwealth has been suspended or revoked pursuant to former &#xA7; 18.2-259.1
or 46.2-390.1, 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 for any of the following purposes: (i) travel to and from his place of
employment; (ii) travel to and from an alcohol rehabilitation or safety action
program; (iii) travel during the hours of such person&#8217;s employment if the
operation of a motor vehicle is a necessary incident of such employment; (iv)
travel to and from school if such person is a student, upon proper written
verification to the court that such person is enrolled in a continuing program
of education; (v) travel for health care services, including medically necessary
transportation of an elderly parent or, as designated by the court, any person
residing in the person&#8217;s household with a serious medical problem upon
written verification of need by a licensed health professional; (vi) travel
necessary to transport a minor child under the care of such person to and from
school, day care, and facilities housing medical service providers; (vii) travel
to and from court-ordered visitation with a child of such person; (viii) travel
to a screening, evaluation, and education program entered pursuant to &#xA7;
18.2-251 or subsection H of &#xA7; 18.2-258.1; (ix) travel to and from court
appearances in which he is a subpoenaed witness or a party and appointments with
his probation officer and to and from any programs required by the court or as a
condition of probation; (x) travel to and from a place of religious worship one
day per week at a specified time and place; (xi) travel to and from appointments
approved by the Division of Child Support Enforcement of the Department of
Social Services as a requirement of participation in an administrative or
court-ordered intensive case monitoring program for child support for which the
participant maintains written proof of the appointment, including written proof
of the date and time of the appointment, on his person; (xii) travel to and from
jail to serve a sentence when such person has been convicted and sentenced to
confinement in jail and pursuant to &#xA7; 53.1-131.1 the time to be served is
on weekends or nonconsecutive days; (xiii) travel to and from the facility that
installed or monitors the ignition interlock in the person&#8217;s vehicle;
(xiv) travel to and from a job interview for which he maintains on his person
written proof from the prospective employer of the date, time, and location of
the job interview; or (xv) travel to and from the offices of the Virginia
Employment Commission for the purpose of seeking employment. However, (a) any
such person who is eligible to receive a restricted license as provided in
subsection C of &#xA7; 18.2-270.1 or (b) any such person ordered to use a remote
alcohol monitoring device pursuant to subsection E of &#xA7; 18.2-270.1 who has
a functioning, certified ignition interlock system as required by law may be
issued a restricted permit to operate a motor vehicle for any lawful purpose. No
restricted license issued pursuant to this subsection shall permit any person to
operate a commercial motor vehicle as defined in the Virginia Commercial
Driver&#8217;s License Act (&#xA7; 46.2-341.1 et seq.). The court shall order
the surrender of such person&#8217;s license to operate a motor vehicle to be
disposed of in accordance with the provisions of &#xA7; 46.2-398 and shall
forward to the Commissioner of the Department of Motor Vehicles a copy of its
order entered pursuant to this subsection, which shall specifically enumerate
the restrictions imposed and contain such information regarding the person to
whom such a permit is issued as is reasonably necessary to identify such person.
The court shall also provide a copy of its order to the person so convicted who
may operate a motor vehicle on the order until receipt from the Commissioner of
the Department of Motor Vehicles of a restricted license, if the order provides
for a restricted license for that time period. A copy of such order and, after
receipt thereof, the restricted license shall be carried at all times while
operating a motor vehicle. Any person who operates a motor vehicle in violation
of any restrictions imposed pursuant to this section is guilty of a violation of
&#xA7; 18.2-272. Such restricted license shall be conditioned upon enrollment
within 15 days in, and successful completion of, a program as described in
subsection A. No restricted license shall be issued during the first four months
of a revocation imposed pursuant to subsection B of &#xA7; 18.2-271 or
subsection A of &#xA7; 46.2-391 for a second offense of the type described
therein committed within 10 years of a first such offense. No restricted license
shall be issued during the first year of a revocation imposed pursuant to
subsection B of &#xA7; 18.2-271 or subsection A of &#xA7; 46.2-391 for a second
offense of the type described therein committed within five years of a first
such offense. No restricted license shall be issued during any revocation period
imposed pursuant to subsection C of &#xA7; 18.2-271 or subsection B of &#xA7;
46.2-391. Notwithstanding the provisions of &#xA7; 46.2-411, the fee charged
pursuant to &#xA7; 46.2-411 for reinstatement of the driver&#8217;s license of
any person whose privilege or license has been suspended or revoked as a result
of a violation of &#xA7; 18.2-266, subsection A of &#xA7; 46.2-341.24 or of any
ordinance of a county, city, or town, or of any federal law or the laws of any
other state similar to the provisions of &#xA7; 18.2-266 or subsection A of
&#xA7; 46.2-341.24 shall be $105. Forty dollars of such reinstatement fee shall
be retained by the Department of Motor Vehicles as provided in &#xA7; 46.2-411,
$40 shall be transferred to the Commission on VASAP, and $25 shall be
transferred to the Commonwealth Neurotrauma Initiative Trust Fund. Any person
who is otherwise eligible to receive a restricted license issued in accordance
with this subsection or as otherwise provided by law shall not be required to
pay in full his fines and costs, as defined in &#xA7; 19.2-354.1, before being
issued such restricted license.

F. The court shall have jurisdiction over any person entering such program under
any provision of this section, or under any provision of &#xA7; 46.2-392, until
such time as the case has been disposed of by either successful completion of
the program, or revocation due to ineligibility or violation of a condition or
conditions imposed by the court, whichever shall first occur. Revocation
proceedings shall be commenced by notice to show cause why the court should not
revoke the privilege afforded by this section. Such notice shall be made by
first-class mail to the last known address of such person, and shall direct such
person to appear before the court in response thereto on a date contained in
such notice, which shall not be less than 10 days from the date of mailing of
the notice. Failure to appear in response to such notice shall of itself be
grounds for revocation of such privilege. Notice of revocation under this
subsection shall be sent forthwith to the Commissioner of the Department of
Motor Vehicles.

G. For the purposes of this section, any court that has convicted a person of a
violation of &#xA7; 18.2-266, subsection A of &#xA7; 46.2-341.24, any ordinance
of a county, city, or town similar to the provisions of &#xA7; 18.2-266, or any
reckless driving violation under Article 7 (&#xA7; 46.2-852 et seq.) of Chapter
8 of Title 46.2 and such person was initially charged with a violation of &#xA7;
18.2-266, subsection A of &#xA7; 46.2-341.24, or any ordinance of a county,
city, or town similar to the provisions of &#xA7; 18.2-266 shall have continuing
jurisdiction over such person during any period of license revocation related to
that conviction, for the limited purposes of (i) referring such person to a
certified alcohol safety action program, (ii) providing for a restricted permit
for such person in accordance with the provisions of subsection E, and (iii)
imposing terms, conditions and limitations for actions taken pursuant to clauses
(i) and (ii), whether or not it took either such action at the time of the
conviction. This continuing jurisdiction is subject to the limitations of
subsection E that provide that no restricted license shall be issued during a
revocation imposed pursuant to subsection C of &#xA7; 18.2-271 or subsection B
of &#xA7; 46.2-391 or during the first four months or first year, whichever is
applicable, of the revocation imposed pursuant to subsection B of &#xA7;
18.2-271 or subsection A of &#xA7; 46.2-391. The provisions of this subsection
shall apply to a person convicted of a violation of &#xA7; 18.2-266, subsection
A of &#xA7; 46.2-341.24, any ordinance of a county, city, or town similar to the
provisions of &#xA7; 18.2-266, or any reckless driving violation under Article 7
(&#xA7; 46.2-852 et seq.) of Chapter 8 of Title 46.2 and such person was
initially charged with a violation of &#xA7; 18.2-266, subsection A of &#xA7;
46.2-341.24, or any ordinance of a county, city, or town similar to the
provisions of &#xA7; 18.2-266 on, after and at any time prior to July 1, 2003.

H. The State Treasurer, the Commission on VASAP or any city or county is
authorized to accept any gifts or bequests of money or property, and any grant,
loan, service, payment or property from any source, including the federal
government, for the purpose of driver alcohol education. Any such gifts,
bequests, grants, loans or payments shall be deposited in the separate fund
provided in subsection B.

I. The Commission on VASAP, or any county, city, or town, or any combination
thereof, may establish and, if established, shall operate, in accordance with
the standards and criteria required by this subsection, alcohol safety action
programs in connection with highway safety. Each such program shall operate
under the direction of a local independent policy board. Such local independent
policy board shall be chosen in accordance with procedures approved and
promulgated by the Commission on VASAP. Such procedures shall provide that the
board shall endeavor to select one criminal defense attorney who has specialized
knowledge in representing persons charged with driving while intoxicated
offenses and one local attorney for the Commonwealth to sit on such local
independent policy board. Local sitting or retired district court judges who
regularly hear or heard cases involving driving under the influence and are
familiar with their local alcohol safety action programs may serve on such
boards. The Commission on VASAP shall establish minimum standards and criteria
for the implementation and operation of such programs and shall establish
procedures to certify all such programs to ensure that they meet the minimum
standards and criteria stipulated by the Commission. The Commission shall also
establish criteria for the administration of such programs for public
information activities, for accounting procedures, for the auditing requirements
of such programs and for the allocation of funds. Funds paid to the Commonwealth
hereunder shall be utilized in the discretion of the Commission on VASAP to
offset the costs of state programs and local programs run in conjunction with
any county, city or town and costs incurred by the Commission. The Commission
shall submit an annual report as to actions taken at the close of each calendar
year to the Governor and the General Assembly.

J. Notwithstanding any other provisions of this section or of &#xA7; 18.2-271,
nothing in this section shall permit the court to suspend, reduce, limit, or
otherwise modify any disqualification from operating a commercial motor vehicle
imposed under the provisions of the Virginia Commercial Driver&#8217;s License
Act (&#xA7; 46.2-341.1 et seq.).

HISTORY: 1975, c. 601; 1976, cc. 612, 691; 1977, c. 240; 1978, c. 352; 1979, c.
353; 1980, c. 589; 1981, c. 195; 1982, c. 301; 1983, c. 504; 1984, c. 778; 1986,
cc. 552, 590; 1987, cc. 465, 663; 1988, cc. 781, 858, 859, 888; 1989, c. 705;
1990, c. 949; 1991, cc. 131, 491; 1992, c. 559; 1993, cc. 527, 919; 1994, cc.
359, 363, 870; 1996, c. 984; 1997, cc. 472, 508; 1998, c. 703; 1999, c. 743;
2000, cc. 958, 970, 980; 2001, cc. 182, 645, 779; 2002, c. 806; 2003, c. 290;
2004, c. 720; 2007, cc. 194, 553; 2009, c. 295; 2010, cc. 446, 682; 2011, c.
592; 2012, cc. 141, 570; 2014, c. 707; 2015, cc. 506, 729; 2017, cc. 499, 701;
2020, c. 1007; 2021, Sp. Sess. I, cc. 336, 376; 2023, cc. 561, 562; 2025, cc.
320, 343.