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Virginia (VA) - State Requirements for Ignition Interlock Devices

The Virginia Ignition Interlock Program

The Virginia BAC (blood alcohol content) limit is .08 percent or higher for adults over 21. Anyone under 21 has a legal limit of .02 percent. Drivers can also be charged with drinking while operating a motor vehicle if they have an open container of alcohol in the passenger area. The passenger area is considered to be any area where the driver or passengers are seated and within the driver’s reach. This means that even if the driver is not drinking, they could still be charged with an offense if a passenger has an open alcoholic drink.

In Virginia, there are multiple penalties for DUI, including administrative and financial penalties. Some offenders may be required to install an ignition interlock device in order to regain their driving privileges.

What Happens if I Get a DUI in Virginia?

There are a variety of penalties for anyone found driving over the Virginia BAC limit, and the penalties increase for repeat offenders and increased BAC levels at the time of the arrest. Some penalties may be increased depending on the circumstances of the offense, and the discretion of the court.

First DUI Offense

  • One-year license suspension
  • Fine of at least $250
  • Ignition interlock Virginia approves. The device may need to be installed for at least six months.

Second DUI Offense

  • Mandatory 10-day jail term if offense is within 10 years of prior offense; Mandatory 20-day jail term if offense is within five years of prior offense; overall possible jail term of up to one year for a second DUI conviction
  • Fine of at least $500
  • Three-year license revocation
  • An ignition interlock device approved by Virginia state monitoring authorities is required to regain driving privileges

Third DUI Offense

  • 90 days in jail if offense is within 10 years of previous offense; Six-month jail sentence if offense is within five years of previous offense
  • Pay up to at least $1,000 fine
  • Indefinite driver’s license revocation
  • Drivers must install an ignition interlock device Virginia has approved, and deemed in accordance with state regulations in every vehicle they own

What Happens if I Fail to Complete or Refuse to Submit to a DUI Test in Virginia?

As mentioned earlier, the Virginia BAC limit is .08 percent. If you are pulled over on suspicion of drunk driving, law enforcement will often perform a field sobriety test and a breathalyzer. Drivers have the right to refuse, but Virginia is an implied consent state, meaning that anyone who operates a vehicle in Virginia has technically consented to a breath or blood test if arrested on suspicion of DUI.

Skipping the test does not mean there are no consequences. Anyone who refuses to take the test can have their license suspended for one year. A second refusal can lead to a three-year license suspension, and other penalties. If a driver refuses to take a test a second time, they will be ineligible for a restricted driver’s license. This suspension is in addition to any other suspensions acquired by the offender, such as an implied consent violation of six months.

How Do I Get a Route Restricted Driver’s License in Virginia?

Some drivers may be eligible for a restricted license, which allows them to drive to approved locations like work, home, school, treatment, and medical appointments. Virginia courts and/or the Department of Motor Vehicles require the installation of an ignition interlock device, or IID, for DUI offenses. In some cases, installation of an IID from an approved installer, such as Intoxalock Virginia, allows the driver to regain some of their driving privileges. This can be requested at the time of conviction, or drivers can petition the court or the DMV, depending on who officially revoked the privilege.

  • Fill out the application for a restricted license
  • Pay the license fee and any related fines
  • Show proof of FR-44 insurance
  • Complete any necessary jail time, community service, or mandatory treatment
  • Fulfill suspension period
  • Install an ignition interlock device Virginia approves