Jurisdiction:

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
0

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.