The Commission on Virginia Alcohol Safety Action Program
Your Doorway to Safe & Sober Driving

Terms & Conditions

Improving Highway Safety Through The Reduction in Incidence of Driving Impaired

Welcome to our page specifically dedicated to court personnel. On this page you will find documents of interest, answers to commonly asked questions, and a link to our "Contact Us" page if you should have any unresolved questions.

Lets begin with a link to our "DUI Consequences" document. This document collects consequences of multiple different DUI types all in one place for easy reference by judges, attorneys, and other court personnel. A copy of this document can be found by clicking here. This document is updated on an annual basis pending any new changes to relatable law.

Next, we will cover some commonly asked questions that we receive from court personnel during training and conference events. Please keep in mind, if you do not find what you are looking for on this page, please visit our "FAQ" page by clicking the link above or submit your inquiry to us directly by clicking here.

Legal Balance Court House Commonwealth

If the court permits someone to drive for a period of time after conviction, and prior to ignition interlock installation, will the person be officially licensed to drive to DMV?

Individuals convicted of driving under the influence are not eligible to drive post-conviction for any period of time until an ignition interlock is installed in all applicable vehicles required by law and all other licensing requirements are met.

If the court intends to require a person to have ignition interlock longer than the statutory minimum of six-consecutive months without alcohol-related violations, how should this be reflected on the "DC266 Ignition Interlock Form"?

The "DC266 Ignition Interlock Order Form" provides two boxes for the court to reflect their intended desire for the length of a person's ignition interlock requirement. The first box, stating "until end of license restriction", would be checked if the court's intent is for the individual to have an interlock installed for the duration of the restricted license with no alcohol-related violations the for the final six-consecutive months. The second box, containing a place to enter text, would be checked if the court's intent was to state a specific number of consecutive months with no alcohol-related violation no shorter in duration than six months. For example, if the court desires an individual to incur nine-consecutive months of ignition interlock with no alcohol related violation, this box would be checked followed by typing "9 months" in the text field beside the checked box.

Why do ASAP clients contact the court for temporary removal orders when their car is in need of repair, re-possessed, or involved in an accident?

Absent written blanket authority from the court to the ASAP granting the court's permission to temporarily remove the interlock device in situations where the client's vehicle has been involved in an accident, needs repairs, or has been re-possessed, the ASAP is required to instruct the client to contact the court regarding removal authority. Once an interlock is ordered in by the court, the ASAP has no authority to permit removal absent a court order.

I have an individual who states they cannot operate the interlock device due to a medical condition. How should I handle this issue?

The ignition interlock device requires a breath volume of 1.5 liters to activate the device. This requirement can be lowered pending submission of a physician statement to the local ASAP. The local ASAP will send the information to the Commission on VASAP for approval and, if approved, to notify the client's independently chosen interlock vendor of the need to reduce the volume. The client will need to take the vehicle in for service so the new breath paramaters can be downloaded.