VirginiaSB3912026 Regular SessionSenateWALLET

Virginia Alcohol Safety Action Program (VASAP), Commission on; structure and responsibilities.

Sponsored By: Richard H. Stuart (Republican)

Signed by Governor

Summary

Commission on the Virginia Alcohol Safety Action Program (VASAP). Restructures the existing governance structure and responsibilities of the Commission on VASAP and expands its oversight authority over local alcohol safety action programs. The provisions of the bill related to a fiscal agent locality have a delayed effective date of January 1, 2028. The bill also directs the Commission on VASAP to convene a work group with relevant stakeholders to review the sustainability of the structure and funding model for VASAP and submit a report of its findings and recommendations to the Commission on VASAP and the Chairs of the House Committees on Appropriations and for Courts of Justice and the Senate Committees on Finance and Appropriations and for Courts of Justice by October 1, 2026. As introduced, this bill was a recommendation of the Commission on VASAP and is identical to HB 862.

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Bill Overview

Analyzed Economic Effects

23 provisions identified: 4 benefits, 7 costs, 12 mixed.

Device cost help for low-income drivers

A Commission fund can cover all or part of interlock or remote alcohol monitor costs when a court finds a person indigent. Speed-system assistance is available to VASAP participants found indigent by a court or the Commission. The funds use a share of fees received by device manufacturers or distributors. The law does not specify that share or the amount of help each person receives.

Pretrial drivers gain early device access

People charged with a first or second covered commercial-driver DUI offense may enter an alcohol safety program before trial. They may pre-qualify for and install an interlock on a vehicle they own or operate. Pretrial installation time counts toward later court-ordered interlock or restricted-license periods, or a related DMV restriction. Pretrial program participants may also pre-qualify to install an intelligent speed assistance system on a vehicle they own or operate. The court may consider that step, but the provision does not specify who pays for the speed system.

Workers can request employer-vehicle interlock exceptions

A court may allow an interlock-restricted driver to use an employer-owned or employer-provided vehicle without an interlock for work. The employer must request the exception, and the court must expressly approve it. It applies only while driving for work, not to other vehicles. School buses, school vehicles, and commercial motor vehicles are excluded. Drivers cannot use this exception if they partly or fully own or control the employer.

Device tampering brings criminal driving penalties

Tampering with or bypassing covered interlocks, court-ordered remote alcohol monitors, or installed speed assistance systems is a Class 1 misdemeanor. Trying to bypass a covered speed system is also prohibited and may be prosecuted where the act occurred. Starting or trying to start an interlock vehicle for a driver barred from driving without one is also a crime. Knowingly supplying that driver a vehicle without a working interlock is prohibited, except under the authorized employer-vehicle exception. Remote-monitor tampering also revokes the specified restricted license, though the court may grant a restricted permit for good cause.

DUI offenders must complete safety programs

People with a first or second qualifying DUI conviction must enter and successfully complete a certified alcohol safety program. Covered convictions include Virginia DUI offenses, similar local offenses, and the specified commercial-driver DUI offense. Local program fees are $250–$300. A person may ask the court to excuse participation. The court needs both an assessment finding intervention inappropriate and a good-cause finding.

Interlock rules limit driving after convictions

Covered drivers must use a working, certified ignition interlock under a restricted license; courts have discretion for specified first offenses. Specified injury and repeat DUI cases require devices on every vehicle owned or registered, even partly, and 12 consecutive violation-free months. The period cannot exceed the license suspension and restriction period. It starts with the court-issued restricted license and pauses between its expiration and DMV issuance of a restricted license. Drivers must enroll in a supervised alcohol safety program, prove installation within 30 days, and provide logs at least quarterly. Approved providers must monitor and calibrate devices at least every 30 days, at the driver's expense. Without good cause, missed installation or service requirements can lead to loss of driving privileges. A second covered offense less than 10 years after the first requires 12 violation-free interlock months after a three-year revocation, unless completed earlier under a restricted license.

Court-ordered speed systems restrict drivers

Beginning July 1, 2026, the Commission runs Virginia's Intelligent Speed Assistance Program. A court enrollment order requires DMV to suspend the driver's license and issue a restricted license tied to participation. Drivers must complete the court-ordered period before getting another license. They must install a certified system on every vehicle they own or register and cannot drive vehicles without working systems. The Commission must ensure statewide system availability and give eligible drivers a certified-provider list so they can choose their supplier.

Drivers pay program and monitoring fees

The covered alcohol safety program entry fee is $250–$300; a court can reduce or waive it after finding indigency. The Commission sets a uniform service-fee schedule and rules for collecting and using fees. VASAP participants generally pay enrollment and participation costs, with an exemption when a court or the Commission finds them indigent. An interlock order carries a one-time $20 court fee, and a remote-monitoring order carries a separate $20 fee. Drivers also pay equipment purchase or lease, monitoring, and upkeep costs, whose amounts are not specified. Up to 10% of the entry fee goes monthly to the Commission; the balance supports local driver alcohol rehabilitation programs.

First-time adult offenders get interlock options

For a qualifying first DUI offense, the court makes an ignition interlock the only restricted-license condition. This applies only to people who were adults when the offense occurred. They must complete at least 12 consecutive months without alcohol-related interlock violations. At the person's request, the court may instead require at least six consecutive violation-free months. That option requires added driving restrictions for the full restricted-license period.

Monitoring offers another restricted driving route

Drivers barred from a restricted license under the specified first-offense rule can ask the court for remote alcohol monitoring. Monitoring lasts as long as the applicable interlock-related driving prohibition, and the court can also require no alcohol use. The court can grant an any-purpose restricted license with working, certified interlocks on every vehicle owned or registered, even partly. Drivers must provide monitoring data to the supervising program at least quarterly.

More driving access with interlock conditions

Restricted licenses allow added trips for court, probation, required programs, weekly worship, approved child-support appointments, and weekend or nonconsecutive jail sentences. They also allow trips to interlock facilities, documented job interviews, and Virginia Employment Commission offices. Drivers must carry written appointment details for child-support visits and employer-provided interview details. Eligible first-offense drivers and drivers ordered into the specified remote-monitoring option can receive any-lawful-purpose permits with required certified interlocks. For covered alcohol-related cases, courts can grant restricted licenses for good cause with certified program completion and six consecutive violation-free interlock months. These permits and licenses do not allow commercial vehicle driving. Otherwise eligible drivers can receive restricted licenses before paying all fines and costs, but still owe that money.

Outside convictions allow restricted-license requests

Virginia residents with a qualifying out-of-state or federal conviction can petition the general district court where they live. They may request probation, alcohol safety program placement, and a restricted license after entering the program. The outside offense must be substantially similar to the Virginia offense covered by this rule. The court must find that the person qualifies under the specified Virginia conviction rules. Any order requires successful program completion, and a restricted license must include an interlock restriction.

Required services continue after program closure

The Commission must keep mandatory services available when a local program's certification is suspended, revoked, or not renewed. It can arrange interim services through direct administration, neighboring certified programs, or qualified public or private providers. Temporary administration ends when a replacement is certified or after 12 months, with up to six extra months for good cause. The Commission must help restore or replace the local program. After decertification, remaining revenues, reserves, receivables, and assets immediately transfer to the Commission and State Treasurer. Those assets can fund only interim services or restoration of a program serving the affected area.

Commercial-driver violations carry $105 reinstatement fee

Drivers pay $105 to reinstate a license suspended or revoked for a qualifying commercial-driver violation. Similar local, federal, and out-of-state violations also qualify. DMV keeps $40, the VASAP Commission receives $40, and the Commonwealth Neurotrauma Initiative Trust Fund receives $25. The provided text does not show whether this fee differs from the prior amount.

Local programs face financial reporting deadlines

Local programs must keep records under generally accepted accounting principles and undergo local, state, and federal audits. Monthly financial reports are due by the next month's 15th day, and annual income statements are due August 1. Annual budgets and supporting records must reach the Commission for approval by May 1. Late reports can bring daily fees or loss of certification. Budget failures can trigger withheld or recovered funds, suspended or revoked certification, halted new referrals, temporary administration, or reorganization.

Local safety programs face stronger oversight

Local alcohol safety programs need certification at least every three years and a valid locality to handle their finances. Noncompliant programs must submit a correction plan within 10 days after notice. The Commission can condition or end certification, merge or reorganize programs, and impose finance-committee suspensions lasting up to 90 days. A locality lacking a valid fiscal agent may face a fine up to $5,000 and must pay temporary administration costs. Local boards retain staff hiring and termination-recommendation powers, subject to locality personnel rules, grievance procedures, and due process protections. The law also repeals Virginia Code sections 18.2-270.2, 18.2-271.2, and 18.2-271.4; the supplied provision does not explain their separate household effects.

Localities handle program money and payroll

Each local alcohol safety program must designate a locality it serves as fiscal agent by January 1, 2028. This designation is a certification requirement; joint programs need written approval from each participating governing body, filed with the Commission. The fiscal agent handles money, serves as employer of record, and manages payroll, benefits, and human resources. Offender fees must fund payroll and benefits and be remitted before those payments are made. At each fiscal year's start, the fiscal agent can collect up to 10% of the approved annual program budget for administration.

Alcohol safety funds face spending limits

Local alcohol safety programs may use fee revenue and other income only to run their own programs. The state Commission oversees those funds and may collect unspent revenue or reserve balances. The Commission may use payments made to the Commonwealth under these rules to cover state and local program costs. It may also cover its own costs. These provisions do not set a new household charge or a dollar amount for funding.

Local alcohol programs face staffing standards

The Commission sets statewide operating, performance, accounting, audit, public-information, and administrative standards and reviews local program performance. Programs must employ a director and enough staff and offer public access at Commission-set times through approved methods. They need general, professional, and directors-and-officers liability coverage unless their fiscal agent locality provides it. Employees must maintain Commission certification, pass background and driving-history reviews, and score at least 80% on an approved test. Staff providing probation services must take an oath before starting. Directors need at least satisfactory annual ratings; failure makes them ineligible for local program employment and can threaten program certification. The Commission can suspend, revoke, or decline certification renewal, but must keep required services available.

Local programs need funding but get backup

Local governments that run or join alcohol safety programs must fund them through annual appropriations or another agreed method. Joint programs need a filed written agreement dividing operating costs fairly; failure to provide support can bring Commission fines. The Commission does not cover routine operating or personnel costs. It can provide supplemental or emergency aid when hardship threatens operations, funds are available, standards are met, and localities have supplied required funding. Up to 10% of covered offender fees can transfer monthly to the State Treasurer for Commission use, including member expense reimbursement.

State Commission oversees local alcohol programs

The law creates the VASAP Commission as a state agency in the legislative branch to oversee local alcohol safety programs. The Commission and local governments can create programs, but every locality need not create one. Each program needs an independent policy board and a Commission-approved agreement covering duties, performance, oversight, and aid conditions. Board membership standards include a prosecutor, DUI defense lawyer, law-enforcement representative, and community services board member. Boards approve budgets, help hire and fire staff under local personnel rules, and follow meeting and recordkeeping requirements. The Commission can replace failing boards and withhold or recover funds or suspend certification for agreement violations.

Certified alcohol devices add safeguards and choice

The Commission certifies ignition interlocks and remote alcohol monitors and sets installation, upkeep, and certification rules. Interlock standards cover safety, tampering, calibration, reliability, alcohol measurements, logs, rolling retests, provider responsibility, and insurance. Interlock user data must reach supervising agencies electronically within 24 hours of collection. Local programs must share the statewide certified-device list, and eligible drivers choose their provider. Manufacturers and distributors pay reasonable certification costs. Installed devices must warn that tampering or bypass attempts are Class 1 misdemeanors, punishable by fines, jail, or both.

Driving device sellers face certification rules

Covered interlocks and remote alcohol monitors need Commission certification and warning labels before sellers can offer them to covered drivers. Intelligent speed assistance systems also need certification and labels warning that tampering can bring a fine, jail, or both. Speed-system standards cover safety, tamper resistance, reliable speed measurement and logging, provider support, and liability insurance. Providers must send collected speed-system driver data to the Commission within 24 hours, and sellers pay Commission-set reasonable certification costs. Alcohol-device and speed-system providers must offer required services at no cost to Virginia, including toll-free support available 24 hours daily.

Sponsors & Cosponsors

Sponsor

  • Richard H. Stuart

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 269 • No: 1

Senate vote • 3/10/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

House vote • 3/9/2026

Passed House with substitute Block Vote

Yes: 96 • No: 0

House vote • 3/4/2026

Reported from Appropriations with substitute

Yes: 22 • No: 0

House vote • 3/2/2026

Reported from Courts of Justice and referred to Appropriations

Yes: 22 • No: 0

Senate vote • 2/17/2026

Read third time and passed Senate

Yes: 40 • No: 0

Senate vote • 2/16/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote • 2/13/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 36 • No: 0

Senate vote • 2/11/2026

Reported from Courts of Justice with amendments

Yes: 13 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0687)

    4/13/2026Governor
  2. Approved by Governor-Chapter 687 (Effective - see bill)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB391)

    4/6/2026Senate
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

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

    3/31/2026Senate
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed Senate and House (SB391ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. House substitute agreed to by Senate (40-Y 0-N 0-A)

    3/10/2026Senate
  11. Passed House with substitute Block Vote (96-Y 0-N 0-A)

    3/9/2026House
  12. Engrossed by House - committee substitute

    3/9/2026House
  13. committee substitute agreed to

    3/9/2026House
  14. Read third time

    3/9/2026House
  15. Read second time

    3/6/2026House
  16. Fiscal Impact Statement from Department of Planning and Budget (SB391)

    3/6/2026Senate
  17. Committee substitute printed 26109196D-H1

    3/4/2026House
  18. House committee offered

    3/4/2026House
  19. Reported from Appropriations with substitute (22-Y 0-N)

    3/4/2026House
  20. Assigned HAPP sub: General Government and Capital Outlay

    3/3/2026House
  21. Reported from Courts of Justice and referred to Appropriations (22-Y 0-N)

    3/2/2026House
  22. Referred to Committee for Courts of Justice

    2/24/2026House
  23. Read first time

    2/24/2026House
  24. Placed on Calendar

    2/24/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (SB391)

    2/19/2026Senate

Bill Text

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