78589818.2-271.1Virginia Decodedhttps://vacode.org2016Crimes And Offenses GenerallyCrimes Involving Health And SafetyDriving Motor Vehicle, Etc., While IntoxicatedProbation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law1975, c. 601; 1976, cc. 612, 691; 1977, c. 240; 1978, c. 352; 1979, c. 353; 1980, c. 589; 1981, c. 195; 1982, c. 301; 1983, c. 504; 1984, c. 778; 1986, cc. 552, 590; 1987, cc. 465, 663; 1988, cc. 781, 858, 859, 888; 1989, c. 705; 1990, c. 949; 1991, cc. 131, 491; 1992, c. 559; 1993, cc. 527, 919; 1994, cc. 359, 363, 870; 1996, c. 984; 1997, cc. 472, 508; 1998, c. 703; 1999, c. 743; 2000, cc. 958, 970, 980; 2001, cc. 182, 645, 779; 2002, c. 806; 2003, c. 290; 2004, c. 720; 2007, cc. 194, 553; 2009, c. 295; 2010, cc. 446, 682; 2011, c. 592; 2012, cc. 141, 570; 2014, c. 707; 2015, cc. 506, 729.Hoye v. Com.Record No. 0071-90-4405 S.E.2d 6281991-06-04https://www.courtlistener.com/opinion/1233447/hoye-v-com/ . . . reference therein to Code § 18.2-271.1. He concedes that Code § 18.2-271.1(E) provides that any . . . <abbr title="Court of Appeals">COA</abbr>Com. v. MeadowsRecord No. 1586-92-3440 S.E.2d 1541994-02-01https://www.courtlistener.com/opinion/1303915/com-v-meadows/ . . . the procedures of subsection E of § 18.2-271.1.... . . . <abbr title="Court of Appeals">COA</abbr>Travis v. Com.2465931457 S.E.2d 4201995-05-23https://www.courtlistener.com/opinion/1068400/travis-v-com/ . . . ] in accordance with the procedures of Code § 18.2-271.1(E). As Code § 46.2-360(2) states, . . . <abbr title="Court of Appeals">COA</abbr>Com. v. Brown2823972508 S.E.2d 9161999-01-12https://www.courtlistener.com/opinion/1066555/com-v-brown/ . . . includes "any fee assessed ... under ... § 18.2-271.1." It does not, however, incorporate §§ 46.2 . . . <abbr title="Court of Appeals">COA</abbr>Midkiff v. CommonwealthRecord No. 801695286 S.E.2d 1501982-01-22https://www.courtlistener.com/opinion/1282398/midkiff-v-commonwealth/ . . . of the alcohol programs authorized by Code § 18.2-271.1. The court denied the motion, sentenced . . . <abbr title="Supreme Court of Virginia">SCV</abbr>George Halcott Norman, III v. Commonwealth12370232003-11-04https://www.courtlistener.com/opinion/1064087/george-halcott-norman-iii-v-commonwealth/ . . . - 11 - . . . <abbr title="Court of Appeals">COA</abbr>Rozario v. Com.1433052647 S.E.2d 5022007-07-24https://www.courtlistener.com/opinion/1063002/rozario-v-com/ . . . that good faith was not an element of Code § 18.2-271.1; therefore, as the Court found good faith . . . <abbr title="Court of Appeals">COA</abbr>Hoye v. Com.Record No. 0071-90-4405 S.E.2d 6281991-06-04https://www.courtlistener.com/opinion/1233447/hoye-v-com/ . . . reference therein to Code § 18.2-271.1. He concedes that Code § 18.2-271.1(E) provides that any . . . <abbr title="Court of Appeals">COA</abbr>Com. v. MeadowsRecord No. 1586-92-3440 S.E.2d 1541994-02-01https://www.courtlistener.com/opinion/1303915/com-v-meadows/ . . . the procedures of subsection E of § 18.2-271.1.... . . . <abbr title="Court of Appeals">COA</abbr>Travis v. Com.2465931457 S.E.2d 4201995-05-23https://www.courtlistener.com/opinion/1068400/travis-v-com/ . . . ] in accordance with the procedures of Code § 18.2-271.1(E). As Code § 46.2-360(2) states, . . . <abbr title="Court of Appeals">COA</abbr>Com. v. Brown2823972508 S.E.2d 9161999-01-12https://www.courtlistener.com/opinion/1066555/com-v-brown/ . . . includes "any fee assessed ... under ... § 18.2-271.1." It does not, however, incorporate §§ 46.2 . . . <abbr title="Court of Appeals">COA</abbr>Midkiff v. CommonwealthRecord No. 801695286 S.E.2d 1501982-01-22https://www.courtlistener.com/opinion/1282398/midkiff-v-commonwealth/ . . . of the alcohol programs authorized by Code § 18.2-271.1. The court denied the motion, sentenced . . . <abbr title="Supreme Court of Virginia">SCV</abbr>George Halcott Norman, III v. Commonwealth12370232003-11-04https://www.courtlistener.com/opinion/1064087/george-halcott-norman-iii-v-commonwealth/ . . . - 11 - . . . <abbr title="Court of Appeals">COA</abbr>Rozario v. Com.1433052647 S.E.2d 5022007-07-24https://www.courtlistener.com/opinion/1063002/rozario-v-com/ . . . that good faith was not an element of Code § 18.2-271.1; therefore, as the Court found good faith . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/18.2-271.1/18.2-251Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge/18.2-251/18.2-258.1Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery/18.2-258.1/18.2-266Driving motor vehicle, engine, etc., while intoxicated, etc/18.2-266/18.2-270Penalty for driving while intoxicated; subsequent offense; prior conviction/18.2-270/18.2-271Forfeiture of driver's license for driving while intoxicated/18.2-271/18.2-271.2Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary/18.2-271.2/18.2-272Driving after forfeiture of license/18.2-272/46.2-100Definitions/46.2-100/46.2-341.1Title/46.2-341.1/46.2-341.24Driving a commercial motor vehicle while intoxicated, etc/46.2-341.24/46.2-341.28Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction/46.2-341.28/46.2-389Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions/46.2-389/46.2-391Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege/46.2-391/46.2-398Disposition of surrendered licenses on revocation or suspension/46.2-398/46.2-411Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee/46.2-411/53.1-131.1Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty/53.1-131.1//18.2-271.1/18.2/7/2/18.2-271.116.1-278.916.1-69.4818.2-259.118.2-266.118.2-268.818.2-270.118.2-27118.2-27219.2-299.24.1-3054.1-30646.2-30146.2-320.146.2-32946.2-334.00146.2-355.146.2-35846.2-38346.2-38946.2-39146.2-391.0146.2-391.246.2-39246.2-39346.2-39546.2-396.146.2-410.146.2-41146.2-411.146.2-499Any person convicted 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, shall be required by court order, as a condition of probation or otherwise, to enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. However, upon motion of a person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program which is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to § 18.2-271.2. 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. However, no ignition interlock company shall install an ignition interlock system on any such vehicle until a court issues to the person a restricted license with the ignition interlock restriction.sectionAA1The court shall require the person entering such program under the provisions of this section to pay a fee of no less than $ 250 but no more than $ 300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention under any such program may be charged.sectionBB1The court shall have jurisdiction over any person entering such program under any provision of this section until such time as the case has been disposed of by either successful completion of the program, or revocation due to ineligibility or violation of a condition or conditions imposed by the court, whichever shall first occur. Revocation proceedings shall be commenced by notice to show cause why the court should not revoke the privilege afforded by this section. Such notice shall be made by first-class mail to the last known address of such person, and shall direct such person to appear before the court in response thereto on a date contained in such notice, which shall not be less than 10 days from the date of mailing of the notice. Failure to appear in response to such notice shall of itself be grounds for revocation of such privilege. Notice of revocation under this subsection shall be sent forthwith to the Commissioner of the Department of Motor Vehicles.sectionFF1For the purposes of this section, any court which has convicted a person of a violation of § 18.2-266, subsection A of § 46.2-341.24 or any ordinance of a county, city or town similar to the provisions of § 18.2-266 shall have continuing jurisdiction over such person during any period of license revocation related to that conviction, for the limited purposes of (i) referring such person to a certified alcohol safety action program, (ii) providing for a restricted permit for such person in accordance with the provisions of subsection E, and (iii) imposing terms, conditions and limitations for actions taken pursuant to clauses (i) and (ii), whether or not it took either such action at the time of the conviction. This continuing jurisdiction is subject to the limitations of subsection E that provide that no restricted license shall be issued during a revocation imposed pursuant to subsection C of § 18.2-271 or subsection B of § 46.2-391 or during the first four months or first year, whichever is applicable, of the revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391. The provisions of this subsection shall apply to a person convicted of a violation of § 18.2-266, subsection A of § 46.2-341.24 or any ordinance of a county, city or town similar to the provisions of § 18.2-266 on, after and at any time prior to July 1, 2003.sectionGG1The State Treasurer, the Commission on VASAP or any city or county is authorized to accept any gifts or bequests of money or property, and any grant, loan, service, payment or property from any source, including the federal government, for the purpose of driver alcohol education. Any such gifts, bequests, grants, loans or payments shall be deposited in the separate fund provided in subsection B.sectionHH1The Commission on VASAP, or any county, city, town, or any combination thereof may establish and, if established, shall operate, in accordance with the standards and criteria required by this subsection, alcohol safety action programs in connection with highway safety. Each such program shall operate under the direction of a local independent policy board chosen in accordance with procedures approved and promulgated by the Commission on VASAP. Local sitting or retired district court judges who regularly hear or heard cases involving driving under the influence and are familiar with their local alcohol safety action programs may serve on such boards. The Commission on VASAP shall establish minimum standards and criteria for the implementation and operation of such programs and shall establish procedures to certify all such programs to ensure that they meet the minimum standards and criteria stipulated by the Commission. The Commission shall also establish criteria for the administration of such programs for public information activities, for accounting procedures, for the auditing requirements of such programs and for the allocation of funds. Funds paid to the Commonwealth hereunder shall be utilized in the discretion of the Commission on VASAP to offset the costs of state programs and local programs run in conjunction with any county, city or town and costs incurred by the Commission. The Commission shall submit an annual report as to actions taken at the close of each calendar year to the Governor and the General Assembly.sectionII1