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Pre-Conviction Ignition Interlock Is Now Allowed
The law concerning ignition interlock for DUI convictions in Virginia has changed to allow an ignition interlock system to be installed prior to conviction and credit given for any time accrued by such offender prior to trial to count towards time ordered by a judge. Virginia Code § 18.2-271.1 requires any person convicted of a first or second offense of driving under the influence to complete an alcohol safety action program.
Previously, the code section stated that anyone charged with a DUI could enter into an alcohol safety action program and “pre-qualify with the program” for the installation of an ignition interlock system. However, the old law stated, “However, no ignition interlock company shall install an ignition interlock system on any vehicle until a court issues to the person a restricted license with the ignition interlock restriction.”
However, as of July 1, 2025, Virginia Code § 18.2-271.1 now states:
However, any person charged with a violation of a first or second offense of § 18.2-266, or any ordinance of a county, city, or town similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24, may, at any time prior to trial, enter into an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district. Any person who enters into such program prior to trial may pre-qualify with the program to have an ignition interlock system installed on any motor vehicle owned or operated by him and may have such ignition interlock system installed. Any installation period of time accrued by such person prior to trial for the pending charge shall count toward any (i) ignition interlock or restricted license period of time ordered by a court or (ii) restricted license, suspension, or revocation issued by the Department of Motor Vehicles pursuant to § 46.2-389.
With the amended language, any person charged with a 1st or 2nd offense of a DUI may have an ignition interlock system installed prior to trial, and the time that the system is installed before conviction will count towards the time the court orders for any punishment. This means that you can get a head start on the ignition interlock pre-trial to shorten the time you are required to have an ignition interlock device on your car post conviction!
If you have been charged with a DUI, call us at 757-DUI-HELP or schedule a free consultation today!