18.2-270.1 - Ignition interlock systems; penalty. - Virginia Statutes

§ 18.2-270.1. Ignition interlock systems; penalty.

A. For purposes of this section and § 18.2-270.2:

"Commission" means the Commission on VASAP.

"Department" means the Department of Motor Vehicles.

"Ignition interlock system" means a device that (i) connects a motorvehicle ignition system to an analyzer that measures a driver's blood alcoholcontent; (ii) prevents a motor vehicle ignition from starting if a driver'sblood alcohol content exceeds 0.02 percent; and (iii) is equipped with theability to perform a rolling retest and to electronically log the bloodalcohol content during ignition, attempted ignition and rolling retest.

"Rolling retest" means a test of the vehicle operator's blood alcoholcontent required at random intervals during operation of the vehicle, whichtriggers the sounding of the horn and flashing of lights if (i) the testindicates that the operator has a blood alcohol content which exceeds 0.02percent or (ii) the operator fails to take the test.

B. In addition to any penalty provided by law for a conviction under §18.2-51.4 or 18.2-266 or a substantially similar ordinance of any county,city or town, any court of proper jurisdiction (i) may, for a first offense,(ii) shall, for a second or subsequent offense and, (iii) shall, for anoffense where an offender's blood alcohol content equals or exceeds 0.15percent, as a condition of a restricted license or as a condition of licenserestoration under subsection C of § 18.2-271.1 or 46.2-391, prohibit anoffender from operating a motor vehicle that is not equipped with afunctioning, certified ignition interlock system for any period of time notto exceed the period of license suspension and restriction, not less than sixconsecutive months without alcohol-related violations of the interlockrequirements, and shall require that such a system be installed on each motorvehicle, as defined in § 46.2-100, owned by or registered to the offender, inwhole or in part, for such period of time. Such condition shall be inaddition to any purposes for which a restricted license may be issuedpursuant to § 18.2-271.1. The court may order the installation of an ignitioninterlock system to commence immediately upon conviction. A fee of $20 tocover court and administrative costs related to the ignition interlock systemshall be paid by any such offender to the clerk of the court. The court shallrequire the offender to install an electronic log device with the ignitioninterlock system on a vehicle designated by the court to measure the bloodalcohol content at each attempted ignition and random rolling retest duringoperation of the vehicle. The offender shall be enrolled in and supervised byan alcohol safety action program pursuant to § 18.2-271.1 and to conditionsestablished by regulation under § 18.2-270.2 by the Commission during theperiod for which the court has ordered installation of the ignition interlocksystem. The offender shall be further required to provide to such program, atleast quarterly during the period of court ordered ignition interlockinstallation, a printout from such electronic log indicating the offender'sblood alcohol content during such ignitions, attempted ignitions, and rollingretests, and showing attempts to circumvent or tamper with the equipment.

C. In any case in which the court requires the installation of an ignitioninterlock system, the court shall direct the offender not to operate anymotor vehicle which is not equipped with such a system for the period of timethat installation is ordered. The clerk of the court shall file with theDepartment of Motor Vehicles a copy of the order, which shall become a partof the offender's operator's license record maintained by the Department. TheDepartment shall issue to the offender for the installation period requiredby the court, a restricted license which shall appropriately set forth therestrictions required by the court under this subsection and any otherrestrictions imposed upon the offender's driving privilege, and shall alsoset forth any exception granted by the court under subsection F.

D. The offender shall be ordered to provide the appropriate ASAP program,within 30 days of the effective date of the order of court, proof of theinstallation of the ignition interlock system. The Program shall require theoffender to have the system monitored and calibrated for proper operation atleast every 30 days by an entity approved by the Commission under theprovisions of § 18.2-270.2 and to demonstrate proof thereof. The offendershall pay the cost of leasing or buying and monitoring and maintaining theignition interlock system. Absent good cause shown, the court may revoke theoffender's driving privilege for failing to (i) timely install such system or(ii) have the system properly monitored and calibrated.

E. No person shall start or attempt to start a motor vehicle equipped with anignition interlock system for the purpose of providing an operable motorvehicle to a person who is prohibited under this section from operating amotor vehicle that is not equipped with an ignition interlock system. Noperson shall tamper with, or in any way attempt to circumvent the operationof, an ignition interlock system that has been installed in the motor vehicleof a person under this section. Except as authorized in subsection G, noperson shall knowingly furnish a motor vehicle not equipped with afunctioning ignition interlock system to any person prohibited undersubsection B from operating any motor vehicle which is not equipped with suchsystem. A violation of this subsection shall be punishable as a Class 1misdemeanor.

F. Any person prohibited from operating a motor vehicle under subsection Bmay, solely in the course of his employment, operate a motor vehicle which isowned or provided by his employer without installation of an ignitioninterlock system, if the court expressly permits such operation as acondition of a restricted license at the request of the employer, but suchperson may not operate a school bus, school vehicle, or a commercial motorvehicle as defined in § 46.2-341.4. This subsection shall not apply if suchemployer is an entity wholly or partially owned or controlled by the personotherwise prohibited from operating a vehicle without an ignition interlocksystem.

G. The Commission shall promulgate such regulations and forms as arenecessary to implement the procedures outlined in this section.

(1995, c. 486; 1996, c. 841; 1997, c. 691; 1998, cc. 783, 840; 1999, c. 734;2000, cc. 958, 980; 2004, c. 961; 2007, c. 686; 2008, c. 862.)