Ignition Interlock and Restricted Driving Privileges in Virginia

An Ignition Interlock is a device that is connected to the ignition of a vehicle that prevents the vehicle from starting if it detects alcohol. The Ignition Interlock requires the user to blow into the device before starting the car and at random intervals while the car is being operated. If the Ignition Interlock detects alcohol, the car will not start. If the driver fails to take a re-test while operating the vehicle or the Interlock detects alcohol during a retest, the horn will sound and the lights will flash, requiring the driver to pull over and stop the vehicle. Va. Code §18.2-270.1(A).

A driver subject to Ignition Interlock requirements is required to install the Ignition Interlock on his or her vehicle within 30 days of the Court’s order. The driver is also required to have the system monitored and calibrated at least every 30 days and provide proof of such calibration.

When Does Someone Need to Use an Ignition Interlock in Virginia?

Ignition Interlock is Required as a condition of a Restricted License After DUI Convictions in Virginia

Drivers will be required to use an Ignition Interlock after convictions for certain offenses as a condition of a restricted driver’s license. The Interlock must be installed for at least 12 consecutive months without any alcohol-related violations.

A driver convicted of a first offense DUI in Virginia (Va. Code §18.2-266) is prohibited from operating a vehicle not equipped with an Ignition Interlock as a condition of his or her restricted license privileges. Va. Code §18.2-270.1(B).

A driver convicted of a second or subsequent offense DUI or DUI Maiming (Va. Code §18.2-51.4) in Virginia is required to have an Ignition Interlock installed on every vehicle he or she owns or has registered in his or her name as a condition of restricted driving privileges. Va. Code §18.2-270.1(B).

A driver convicted of a first offense DUI charge that was considered Driving Under the Influence of Drugs may be prohibited from operating a motor vehicle without an Ignition Interlock installed as a condition of his or her restricted driving privileges. Va. Code §18.2-270.1(B).

Failing to timely install the Ignition Interlock or failing to have an Ignition Interlock monitored and calibrated every 30 days is a violation of the Interlock requirements and can result in revocation of the person’s restricted driving privileges (Va. Code §18.2-270.1(F). This means that the person may be prohibited from driving AT ALL during the remainder of the time during which his or her driving privileges are revoked.

For more information on Failing to Timely Install an Ignition Interlock in Virginia, click here.

For more information on Failing to Calibrate an Ignition Interlock in Virginia, click here.

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***