VirginiaHB5612026 Regular SessionHouse

Driving while intoxicated; refusal of tests, repeat offenders, ignition interlocks.

Sponsored By: Patrick A. Hope (Democratic)

Signed by Governor

Summary

Driving while intoxicated; refusal of tests; repeat offenders; ignition interlocks. Permits a court to issue a restricted license with immediate installation of ignition interlock systems for certain offenders charged with driving while intoxicated, refusal of tests, or repeat offender violations. The bill also directs the Commission on the Virginia Alcohol Safety Action Program to convene a work group to evaluate the provisions governing driving or operating a motor vehicle under the influence of alcohol and submit recommendations and a draft report to the Chairs of the House and Senate Committees for Courts of Justice by November 1, 2026. Current law requires various time limits of driver's license suspension for such violations before a restricted license may be issued.

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 3 benefits, 3 costs, 4 mixed.

Underage test refusal brings driving penalties

Drivers arrested for the under-21 alcohol-driving offense face penalties for unreasonably refusing a required breath test. A first refusal brings a one-year license suspension. A qualifying prior offense within 10 years makes the refusal a Class 1 misdemeanor and brings three years without driving privileges.

Drivers face broader interlock requirements

Adults with a first covered impaired-driving conviction generally need 12 straight months of interlock-restricted driving without alcohol-related violations. On the driver's request, courts may allow six months with added driving limits. Restoring driving privileges after later covered offenses requires interlocks in every vehicle owned or registered, even partly, for 12 violation-free months. Drivers pay a $20 court fee and device costs, prove installation within 30 days, and submit logs every three months. Devices need servicing at least every 30 days; the required period starts with the court license and pauses between its expiration and DMV issuance.

Drivers gain credit for earlier interlocks

Anyone charged with a covered commercial impaired-driving offense can enter an alcohol safety program before trial, beyond first or second offenses. Participants may qualify early for an interlock, and installation time counts toward later court or DMV driving restrictions. People charged with covered test-refusal offenses get similar credit when they enter a program and install an interlock before trial. Credit covers applicable interlock, restricted-license, suspension, or revocation periods. For a single covered revocation, drivers seeking restoration after receiving a restricted license satisfy the interlock installation requirement only once.

Serious repeat offenders gain program access

The law removes a program eligibility bar for people with a felony impaired-driving conviction. It also covers a third or later qualifying commercial impaired-driving conviction within 10 years of two other qualifying offenses. These drivers may enter an alcohol safety action program when good cause is shown.

Device tampering and driving help penalized

Tampering with or bypassing an ignition interlock or remote alcohol monitor is a Class 1 misdemeanor. Starting or trying to start a vehicle to help an interlock-restricted driver use it is also a Class 1 misdemeanor. Knowingly supplying that driver a vehicle without a working interlock carries the same penalty, subject to the statutory vehicle-use exception.

More convicted drivers must complete programs

People convicted of covered impaired-driving offenses, including commercial-driving offenses and similar local offenses, must complete a certified alcohol safety program. The requirement now extends beyond first and second offenses. After an assessment finds intervention inappropriate, the court may excuse participation for good cause. Courts charge $250 to $300 for participation, with possible reductions or waivers for indigent defendants. Up to 10% supports the state program commission; the rest supports local programs.

Broader driving access with paid monitoring

Drivers eligible under the law's interlock-license rules can receive a permit for any lawful purpose with a working, approved interlock. Drivers otherwise ineligible under those rules can ask the court for remote alcohol monitoring during the driving prohibition. They must avoid alcohol; the court may allow broader driving with an approved interlock in every vehicle they own or register. Remote monitoring costs include a $20 fee, device expenses, servicing at least every 30 days, and quarterly data reports. These permits never allow commercial motor vehicle driving.

Earlier driving petitions with seven-day limit

The law removes restricted-license bars of four months after a second offense within 10 years and one year within five years. It also removes the bar throughout revocation after a third or later offense; other license requirements still apply. First-refusal offenders with the specified suspensions no longer wait 30 days to petition, and courts may grant access for good cause. However, when a covered conviction occurs during an administrative suspension, courts cannot issue the specified refusal permit before seven days pass.

Specialty court graduates gain driving path

People whose last conviction followed successful completion of a qualifying specialty court program can seek an employment-related restricted license. They do not face the three-year wait, regardless of their conviction date. Covered programs include veterans treatment courts, behavioral health dockets, and other qualifying specialty dockets. The court must find past alcohol or drug dependence has ended and that the person poses no driving-related safety threat. A Virginia Alcohol Safety Action Program evaluation, working approved interlock, and program monitoring are required.

Workers can seek interlock vehicle exception

At an employer's request, a court may let an interlock-restricted driver use an employer-owned or employer-provided vehicle without an interlock. Driving must be solely for work, and the driver cannot own or control any part of the employer. The exception excludes school buses, school vehicles, and commercial motor vehicles. All other license restrictions remain in place.

Sponsors & Cosponsors

Sponsor

  • Patrick A. Hope

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 306 • No: 14

House vote • 3/11/2026

Senate amendments agreed to by House

Yes: 90 • No: 7

Senate vote • 3/10/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote • 3/10/2026

Passed Senate with amendments

Yes: 35 • No: 5

Senate vote • 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/5/2026

Reported from Courts of Justice with amendments

Yes: 12 • No: 2

House vote • 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote • 2/11/2026

Reported from Courts of Justice with amendment(s)

Yes: 22 • No: 0

House vote • 2/4/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP1112)

    5/14/2026Governor
  2. Approved by Governor-Chapter 1112 (effective 7/1/2026)

    5/14/2026Governor
  3. Passed by for the day

    4/23/2026House
  4. Governor's Action Deadline 11:59 p.m., May 23, 2026

    4/23/2026Governor
  5. Communicated to Governor

    4/23/2026House
  6. Passed by for the day

    4/22/2026House
  7. Governor's recommendation received by House

    4/13/2026Governor
  8. Fiscal Impact Statement from Department of Planning and Budget (HB561)

    3/31/2026House
  9. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  10. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  11. Signed by Speaker

    3/31/2026House
  12. Bill text as passed House and Senate (HB561ER)

    3/30/2026House
  13. Enrolled

    3/30/2026House
  14. Signed by President

    3/30/2026Senate
  15. Senate amendments agreed to by House (90-Y 7-N 0-A)

    3/11/2026House
  16. Passed Senate with amendments (35-Y 5-N 0-A)

    3/10/2026Senate
  17. Courts of Justice Amendments agreed to

    3/10/2026Senate
  18. Engrossed by Senate as amended

    3/10/2026Senate
  19. Read third time

    3/10/2026Senate
  20. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  21. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  22. Rules suspended

    3/9/2026Senate
  23. Fiscal Impact Statement from Department of Planning and Budget (HB561)

    3/5/2026House
  24. Senate committee offered

    3/5/2026Senate
  25. Reported from Courts of Justice with amendments (12-Y 2-N)

    3/5/2026Senate

Bill Text

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