Ignition Interlock Violation Penalties 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?

Drivers will be required to use an Ignition Interlock after convictions for certain offenses. 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).

Ignition Interlock Violations in Virginia

There are several ways that drivers (and others) can be in violation of the Ignition Interlock requirements in Virginia.

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.

Obstructing the purposes of the Ignition Interlock is another violation. This includes tampering with the Ignition Interlock in any capacity is a violation.

Driving or operating a motor vehicle without an Ignition Interlock when prohibited from doing so is also a violation.

It is also a violation to start a vehicle or attempt to start a vehicle for someone prohibited from operating a motor vehicle without an Ignition Interlock. Additionally, allowing someone to operate a vehicle who is prohibited from doing so without an Ignition Interlock is also a violation of the Ignition Interlock requirements.

Ignition Interlock Violation Penalties in Virginia

Failing to install or calibrate Ignition Interlock in Virginia 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.

Driving a motor vehicle without an Ignition Interlock installed when prohibited from operating a vehicle without an Interlock is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2,500.

Attempting to start or starting a motor vehicle for someone prohibited from operating a motor vehicle without an Ignition Interlock is a Class 1 misdemeanor. This offense is punished with up to 12 months in jail and a fine up to $2,500.

Allowing a person subject to Ignition Interlock requirements to drive a vehicle not equipped with an Ignition Interlock is also a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500.

Tampering with an Ignition Interlock in any capacity is also a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500.

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.

For more information on Operating a Vehicle without an Ignition Interlock, click here.

For more information on Attempting to Start or Starting a Vehicle for Someone Prohibited from Operating a Vehicle Without an Ignition Interlock, click here.

For more information on Attempting to Start a Vehicle for Someone Prohibited from Operating a Vehicle Without an Ignition Interlock, click here.

For more information on Starting a Vehicle for Someone Prohibited from Operating a Vehicle Without an Ignition Interlock, click here.

For more information on Tampering with an Ignition Interlock, click here.

 

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