Ignition Interlock Device Laws

  • Virginia ignition interlock device laws require that any driver convicted of DUI must install an interlock device in any vehicle that is owned by or registered to him or her, and is prohibited from driving any vehicle that is not equipped with such a device or complete the required VASAP paperwork authorizing consent form the vehicle owner and is prohibited from driving any vehicle that is not equipped with such a device.
  • The court determines when the interlock device must be installed, either immediately at the time of charges or at the time of conviction.
  • The court will also determine the length of time that the ignition interlock device must remain installed.
  • The device must be installed by an authorized provider, and it must be monitored regularly by authorities. The offender is responsible for all costs associated with the installation, maintenance, and monitoring of the device, as well as any court fees.
  • An offender may apply for an exemption for employer-owned vehicles not equipped with an interlock device, but the offender may only drive such a vehicle during work hours.
  • Any vehicle owned by a business that is controlled by the offender is not eligible for such an exemption.
  • Offenders are also prohibited from driving commercial vehicles, school buses, or school vehicles.

License Suspension

Administrative Suspension

In Virginia, a driver is subject to an automatic civil license suspension if he or she is stopped for suspicion of DUI and registers a BAC of .08% or higher on a field breathalyzer test, or if he or she refuses to take such a test. The suspension ranges from 60 days to one year, depending on the conviction history of the driver.

Judicial Suspension

Upon conviction for DUI, offenders face an additional court-ordered license suspension. All offenders are also subject to jail sentences according to DUI laws in Virginia.

DUI Penalties and Fees in Virginia

1st Offense Fine: $250 minimum
Jail Time: 5 days minimum
Period of License Suspension: 1 year
2nd Offense Fine: $500 minimum
Jail Time: 20 days to 1 year
Period of License Suspension: 3 years
3rd Offense Fine: $1,000 minimum
Jail Time: 6 months minimum
Period of License Suspension: Indefinite

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Source(s): Va. Code §§ 18.2-266, 18.2-270.1
DMV.org: The DMV Made Simple. DUI & DWI Laws in Virginia. Retrieved April 17, 2017 from http://www.dmv.org/va-virginia/automotive-law/dui.php

Last Updated: July 1, 2020

This information was obtained from third party sites and is for informational purposes only. Although Draeger attempts to keep in the information up to date, it is provided "as-is" and Draeger disclaims all warranties, express and implied, including but not limited to its accuracy and completeness. Any reliance on this information is at your sole risk. The information is not intended as legal advice and should not be relied on as such. If you need advice concerning the State’s requirements or your personal obligations please consult with your monitoring authority, attorney or local court.