Virginia Requirements
DUI offenders in Virginia face serious consequences. In Virginia, a DUI can be issued if the driver is operating a motor vehicle, boat, or other watercraft. This guide will share all the details of Virginia ignition interlock laws.
Virginia locations are no longer accepting new interlock customers.
The VA 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?
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 SR-22 insurance
- Complete any necessary jail time, community service, or mandatory treatment
- Fulfill suspension period
- Install an ignition interlock device Virginia approves
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The Process: What to Expect
1. Consult with Legal Counsel
2. Get an Assessment
3. Obtain proof of SR-22 insurance
4. Schedule interlock install
5. Regular monitoring
6. Device removal
Interlock Cost in Virginia
Virginia ignition interlock device costs are not covered by the court or the state. Offenders are responsible for the cost of the device, which is typically between $2.50 and $3.50 a day. Virginia does offer financial assistance to qualified individuals. The financial assistance is awarded on a case-by-case basis.
- It may vary depending on state requirements and monitoring needs, but the typical cost for an ignition interlock device Virginia approves is between $2.50 and $3.50 a day.
- Intoxalock also offers a device protection plan in case of damage, for $10 a month.
- Intoxalock state specialists can help you determine costs and find a location near you.
Find an Install Location Near You
Expert DUI Attorneys in Virginia
GravesWhetzel Law, PLLC
Harrisonburg, VA 22801
Law Office of Amy Austin
North Chesterfield, VA 23236
Webster Book, LLP
Alexandria, VA 22314
Protogyrou Law
Norfolk, VA 23510
Virginia FAQS
Yes,there is financial aid available for eligible customers. It is determined on a case-by-case basis and must be approved by the state’s Alcohol Safety Action Program.
Virginia locations are no longer accepting new interlock customers.
To see how an ignition interlock device works, visit our ignition interlock page and watch our video demonstrating how to use the device.
Virginia requires offenders to cover the cost of their device. The costs can vary depending on your chosen interlock provider. Intoxalock customers will pay a deposit of $74.99 to $100, and a setup/installation fee of $27.50 to $130. The state of Virginia also charges two $10 fees per month. Monthly lease costs for the Intoxalock IID are $49.99 to $74.99.
Check the Virginia state page for all DUI penalties.
Contact Intoxalock’s Virginia state specialists for assistance in making an appointment.
Some convicted drunk driving offenders are required to install an ignition interlock device in order to regain driving privileges. The device must be installed from an approved provider and data is reported to the state’s monitoring authority.
You should bring your driver’s license or ID card. Prior to your appointment, make sure you are in Virginia's Traffic Records Electronic Data System (TREDS) or you will not be able to install the device.
Ensure Intoxalock has received written or electronic authorization from the Alcohol Safety Action Program (ASAP) to remove the device.
An ignition interlock device is a preventive measure that restricts vehicle operation if alcohol is detected, encouraging individuals to make sober decisions.
Contact ASAP (Virginia’s Alcohol Safety Action Program) to verify you are eligible to remove the device.
To learn more about ignition interlock information, please visit our ignition interlock device page.
Intoxalock has a list of Virginia attorneys who are experienced with DUI cases.
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The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
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