Ignition Interlock in Virginia
January 25, 2016 by Jean Humbrecht
An Ignition Interlock in Virginia is a breathalyzer machine that is installed on a driver’s vehicle after a Virginia DUI conviction. The device requires the driver to blow into the machine to start the car and periodically while driving (this is called a “rolling retest”).
The engine will not start if the Ignition Interlock detects a Blood Alcohol Content (BAC) higher than .02. If the driver does not blow when required during the rolling retest, or if the machine detects a BAC higher than .02, the lights will flash and the horn will beep until the driver turns the car off.
The Ignition Interlock records the driver’s BAC every time he blows into the machine. BAC readings higher than .02 will be reported to the driver’s ASAP case manager. This could result in a probation violation charge, requiring the offender to serve some or all of his suspended jail time.
The driver cannot receive a restricted license unless he has the Ignition Interlock installed. The device must be installed for at least 6 months with no violations, and can be required for the entire period of driver’s license revocation. The driver can petition the court to remove the Ignition Interlock after 6 months without any violations.
Requirements For Ignition Interlock in Virginia
Va. Code §18.2-270.1(C) prohibits the offender from operating any vehicle not equipped with Ignition Interlock after being convicted of a first or second offense DUI in Virginia. For third and fourth Virginia DUI convictions, the Ignition Interlock is not mandatory unless the driver has had his privilege to drive restored.
The driver must buy or rent the Ignition Interlock device. Additionally, he must pay a fee every month that the device is on his car for maintenance and calibration. If the offender does not install the Ignition Interlock within the required time frame, or fails to have the machine calibrated monthly, his restricted license can be revoked (Va. Code §18.2-270.1(D)).
The court may allow an offender to operate a work vehicle without requiring Ignition Interlock installation on that vehicle. However, the offender is not allowed to exempt his work vehicle if he is the owner of the business.
Ignition Interlock in Virginia After First Offense DUI
- Must be installed on every car the driver operates
- Must be installed at least 6 months (but not longer than the driver’s license is suspended)
Ignition Interlock in Virginia After Second Offense DUI
- Must be installed on any vehicle the driver:
- owns
- has registered in his name, and
- drives (including work vehicle)
Ignition Interlock in Virginia After Third Offense DUI (or More)
- Only required if the offender has had his privilege to drive restored
- Must be installed on any vehicle the driver:
- owns
- has registered in his name, and
- drives (including work vehicle)
Ignition Interlock Violations and Penalties
Ignition Interlock violations are taken seriously in Virginia. Below are common Ignition Interlock violations and their penalties:
- Failing to install the device in the required time frame or failing to have the device calibrated can lead to revocation of the driver’s restricted license (Va. Code §18.2-270.1(D))
- If the machine detects a BAC higher than .02, the driver could be charged with driving on a revoked license. This is a Class 1 misdemeanor and, if convicted, will result in 12 months of further license suspension, in addition to fines and jail time (Va. Code §18.2-272(B))
- Operating a vehicle not equipped with an Ignition Interlock in Virginia is a Class 1 misdemeanor (Va. Code §18.2-272(C))
- It is also a Class 1 misdemeanor to blow into someone else’s Ignition Interlock in order to start the engine (Va. Code §18.2-270.1(E))
- Tampering with an Ignition Interlock in Virginia in order to manipulate the results is punished with jail and fines (Va. Code §18.2-270.1(E))
- It is a Class 1 misdemeanor to knowingly allow someone who is prohibited from operating a motor vehicle without an Ignition Interlock installed to operate a vehicle not equipped with the device (Va. Code §18.2-270.1(E))
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