Virginia

Virginia Legislation

Year of last legislative change: 2020

Year of last revision to administrative code: 2020

Most challenging aspects associated with introducing and passing interlock legislation:
The financial impact to citizens of the commonwealth.

Changes for program improvement being pursued:
The INSPIRE application now has the state of PA and OR fully operational. There are no legislation improvements being pursued at this time. Enhancements to the case management system, which is increasing monitoring efficiency.

Who is eligible for an interlock in your state according to legislation (Data provided by CIIM):
All impaired drivers

Can impaired drivers 'wait out' their interlock requirement:
Yes

Is an interlock required on test refusal:
Yes (30 day hard suspension)

Program Authority

Type of program: Hybrid

Agency/agencies with authority over the interlock program:
VASAP

Agency/agencies with authority over participant monitoring:
VASAP

Agency/agencies with authority over sanctioning interlock program participants:
Department of Motor Vehicles, Courts

Agency/agencies with authority to approve devices:
Department of Motor Vehicles, Courts

Training available for judges, law enforcement, and lawyers:
In-person information was provided to law enforcement, judges, and court clerks. The DMV trains attorneys and law enforcement. There is an annual training conference for criminal justice and ASAP case managers, which includes an interlock session.

Program Features

Hardship license available to first offenders: No

Hardship license available to repeat offenders: No

Hardship license (First offenders, Repeat offenders, All): No

Lookback period: 10 years

Source of funding: Offender, fee-based.

Indigent funding is available to participants: Yes

Qualification requirements for indigent funding: Approval by court and VASAP

Frequency of interlock device service: 30 days

Participation

Participation Rate: Awaiting data

Number of interlock program participants in 2019: >2,000 (2021, 8,200)

Indicator used to determine the number of participants in the interlock program (e.g., certificate of device installation, certificate of device removal):
Installed device in vehicle

Indicator(s) used in state as the best measure(s) of the eligible population of offenders for the interlock program to determine the program participation rate:
Number of impaired driving convictions

Penalties for non-compliance:Sanctions by the court (i.e., jail time, revocation of license), extension of an interlock requirement, and increased intervention.

Program Length

Length of Hard Suspension

1st offenders: 12 months

2nd offenders: 36 months

3rd offenders: 36 months

4th and subsequent offenders: Not eligible.

Interlock Program Length

1st offenders: 12 months

2nd offenders: 6-36 months

3rd offenders: 6-36 months

4th and subsequent offenders: Not eligible.

Compliance/Non-Compliance

Program length is extended for non-compliance: Yes

Length of extension for non-compliance: 6-12 months

Program length is reduced for compliance: No

Length of reduction for compliance: Not applicable.

Frequency of sanctions imposed for non-compliance: Often

Program exit requirements: Compliance-based removal

Treatment

Treatment is required for the interlock program: Yes, depending on the level of classification.

Components applied to treatment: Yes, depending on the level of classification.

Data Collection & Management

Agency responsible for collecting data: Department of Motor VehiclesVASAP

Overview of Data Management: The only data we collect is through the 24 local programs. Every month the four vendors send a list of who had interlocks installed through ASAP. This includes the number of installs with install numbers, client’s date of birth, address, and phone number. There is no way to query this data. The DMV does track installs and removals for license authorization.

Barriers to data collection: Knowing who to go to, receiving data in a timely manner, data is not queryable.

Vendors in State

Vendor Oversight

Number of Vendors in State: 4

Agency responsible for vendor oversight: VASAP

Approval process for new vendors: Submit a Request for Proposal every contract year. VASAP determines who can and cannot operate within the state.

Vendor recertification: Not applicable.

Interlock technology features (Data provided by CIIM): Camera

Radius requirement for service centers: Yes

Radius requirement: 50 miles.

Jurisdiction: