Ignition Interlock Devices (IIDs) in Virginia

What is the purpose of Ignition Interlock Devices (IIDs), and how do they work in Virginia?

Ignition Interlock Devices (IIDs) are devices that prevent a vehicle from being started until the driver provides a breath sample that shows their blood alcohol concentration (BAC) is below a certain level. In Virginia, IIDs are court-mandated for individuals convicted of DUI/DWI and, in some cases, may be used as a condition of restricted driving privileges. When the vehicle is started, the driver must blow into the device which then accurately measures their BAC level. If the BAC is above the pre-programmed limit, the vehicle will not start. The device also requires periodic breath samples once the vehicle is running to ensure that no alcohol has been consumed while driving.

Are IIDs mandatory for DUI or DWI offenders in Virginia?

No, IIDs are not mandatory for DUI or DWI offenders in Virginia. However, the Virginia Department of Motor Vehicles does recommend that all DUI or DWI offenders have an IID installed in their vehicles.

Is there a minimum BAC level or specific circumstances that trigger IID installation in Virginia?

Yes, in Virginia, drivers with a BAC of 0.08 or higher, drivers who have been convicted of a DUI offense, and those who refuse to submit to a breath or blood test are all subject to IID installation. Drivers under the age of 21 who are convicted of a DUI offense with a BAC of 0.02 or higher are also subject to IID installation.

Are there different rules for first-time DUI offenders compared to repeat offenders in Virginia?

Yes, there are different rules for first-time DUI offenders compared to repeat offenders in Virginia. For first-time offenders, the penalties typically include fines, license suspension, and possible jail time. Repeat offenders face harsher penalties, including increased fines, longer license suspensions, and mandatory minimum jail sentences. In addition, repeat offenders may be required to install an ignition interlock device in their vehicle in order to regain their license.

How long is an IID typically required to be installed in a vehicle in Virginia?

In Virginia, an IID is typically required to be installed in a vehicle for at least six months as part of a restricted license or driving privilege.

Are there fees associated with the installation, maintenance, and removal of IIDs in Virginia?

Yes. In Virginia, there is a one-time installation fee of $85, a monthly maintenance fee of $45, and a removal fee of $65.

Do IIDs have any impact on insurance premiums for the vehicle owner in Virginia?

IIDs do not generally have an impact on insurance premiums for vehicle owners in Virginia. However, if a driver has been convicted of a DUI offense or has a history of impaired driving, their insurance company may require them to install an IID in order to obtain coverage. In such cases, the cost of the IID device and any associated installation fees may be factored into the overall cost of the insurance premium.

What happens if a driver fails an IID breath test while attempting to start the vehicle in Virginia?

If a driver fails an IID breath test while attempting to start a vehicle in Virginia, the vehicle will not start. The driver’s ignition interlock device (IID) will detect any alcohol present in the breath sample and prevent the vehicle from starting. The driver will then have to wait a predetermined amount of time before being able to attempt to start the vehicle again.

Is there a requirement for periodic rolling retests while driving with an IID in Virginia?

Yes, there is a requirement for periodic rolling retests while driving with an IID in Virginia. Drivers will typically be required to complete a rolling retest every 45 minutes.

Can someone other than the offender drive the vehicle with an IID installed in Virginia?

Yes, in Virginia, someone other than the offender can drive a vehicle with an IID installed. If the offender has a valid driver’s license, they will need to list any other drivers of the vehicle on the Virginia Alcohol Safety Action Program (VASAP) form. The other drivers must also complete an IID installation and calibration agreement form.

Are there penalties for attempting to tamper with or circumvent the IID in Virginia?

Yes. Tampering with or attempting to circumvent an ignition interlock device is illegal in Virginia and will result in fines and likely jail time. Additionally, the violator’s license will be suspended for one year.

How does our state monitor and enforce compliance with IID requirements in Virginia?

The Virginia Alcohol Safety Action Program (VASAP) is responsible for monitoring and enforcing compliance with IID requirements in Virginia. VASAP administers the Ignition Interlock Device Program, which includes the installation, maintenance, and monitoring of devices on vehicles owned or operated by individuals convicted of a DUI offense. VASAP also provides educational material to help educate the public about the dangers of drinking and driving and the requirements of Virginia’s IID program. Additionally, Virginia law enforcement officers are able to test the accuracy of IID devices as part of traffic stops. Finally, VASAP can revoke an individual’s license if they are found to be in violation of IID regulations.

Is there a process for appealing or contesting the IID requirement in Virginia?

Yes, the process for appealing or contesting an IID requirement in Virginia is outlined by the Virginia Department of Motor Vehicles (DMV). The DMV provides a Request for Administrative Hearing form which can be used to appeal or contest the IID requirement. The form must be filled out and returned to the DMV within 30 days of the suspension or revocation notice. The hearing will then be scheduled and the DMV will provide written notification of the results of the hearing.

Can individuals request a hardship or restricted license during IID installation in Virginia?

Yes, individuals in Virginia can request a hardship or restricted license during the installation of an ignition interlock device. This request must be made at the DMV prior to installation. The DMV will determine whether the individual is eligible for a restricted license and provide instructions on how to apply.

What happens if someone accumulates violations or fails to comply with IID requirements in Virginia?

If someone fails to comply with the IID requirements in Virginia, their driver’s license can be suspended or revoked. Additionally, they can face fines and other penalties. Depending on the number of violations, a person may end up with a criminal record.

Are there provisions for indigent individuals who cannot afford IID costs in Virginia?

Yes. Some counties in Virginia provide indigent individuals with financial assistance to cover the costs associated with installing an IID. For example, the Fairfax County Alcohol Safety Action Program (FCASAP) administers an ignition interlock device grant program that helps low-income individuals who are unable to pay for the device and installation costs. To be eligible for the grant, individuals must demonstrate financial need and have a valid driver’s license. Alternatively, some Virginia counties and cities also offer reduced installation and monthly monitoring fees for low-income individuals.

How do IIDs impact commercial driver’s licenses (CDLs) and CDL holders in Virginia?

In Virginia, the installation of an ignition interlock device (IID) is a requirement for all those convicted of Driving Under the Influence (DUI) who wish to reinstate their Commercial Driver’s License (CDL). The CDL must be downgraded to a non-commercial class (Class D) license and an IID must be installed in the vehicle(s) that the driver will operate professionally. The IID must remain in place for 12 months after reinstatement of the CDL. During this time, the driver must comply with all requirements of the IID program, including regular maintenance and calibration. If the driver fails to comply with all IID program requirements, the CDL will not be reinstated.

Do IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in Virginia?

Yes, IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in Virginia. Motorcycles are not required to have an IID installed, but if convicted of a DUI offense, the court may still order it. Vehicles with a gross vehicle weight rating over 10,000 pounds are not required to have an IID installed, but the court may still order it. Additionally, hybrid vehicles with a GVWR greater than 10,000 pounds are required to have an IID installed.

Are there resources or organizations that offer support and guidance for IID users in Virginia?

Yes, there are several organizations and resources available to support and guide IID users in Virginia. The Virginia Department of Motor Vehicles (DMV) offers resources and information about the installation and use of IIDs. The Alcohol Safety Action Program (ASAP) provides educational programs to help individuals comply with IID laws and regulations. The National Council on Alcoholism and Drug Dependence (NCADD) of Virginia offers free IID installation, monitoring, and maintenance services for individuals with alcohol- or drug-related driving offenses in Virginia. Additionally, several private organizations throughout Virginia provide IID services, such as Breathalyzer, AutoSense, and Auto Guardian.

Can individuals have the IID requirement removed or the duration shortened under certain circumstances in Virginia?

Yes, individuals in Virginia can have their IID requirement removed or the duration shortened under certain circumstances. A driver may be eligible to have the IID requirement removed if they have completed all other court obligations or paid all fines and fees, or if they have remained alcohol-free for a period of time. Additionally, after an individual has installed an IID for one year, they may be eligible to have the time period reduced. The eligibility criteria and duration of the shortened IID requirement vary from court to court.