Virginia legislation · 2026 Regular Session
Virginia HB561: An Act to amend and reenact §§ 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-271, 18.2-271.1, 46.2-391, and 46.2-391.2 of the Code of Virginia, relating to driving while intoxicated; refusal of tests; repeat offenders; ignition interlocks.
Status: Chaptered, May 14, 2026
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.
What the bill says
An Act to amend and reenact §§ 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-271, 18.2-271.1, 46.2-391, and 46.2-391.2 of the Code of Virginia, relating to driving while intoxicated; refusal of tests; repeat offenders; ignition interlocks. [H 561] Approved May 14, 2026 1. That §§ 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-271, 18.2-271.1, 46.2-391, and 46.2-391.2 of the Code of Virginia are amended and reenacted as penalty. A. It [DELETED: shall] [DELETED: be] is unlawful for any person [DELETED: under] [DELETED: the] [DELETED: age] [DELETED: of] younger than 21 years of age to operate any motor vehi.
From the enrolled text, May 14, 2026:
An Act to amend and reenact §§ 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-271, 18.2-271.1, 46.2-391, and 46.2-391.2 of the Code of Virginia, relating to driving while intoxicated; refusal of tests; repeat offenders; ignition interlocks. [H 561] Approved May 14, 2026 1. That §§ 18.2-266.1, 18.2-268.3, 18.2-270.1, 18.2-271, 18.2-271.1, 46.2-391, and 46.2-391.2 of the Code of Virginia are amended and reenacted as penalty. A. It [DELETED: shall] [DELETED: be] is unlawful for any person [DELETED: under] [DELETED: the] [DELETED: age] [DELETED: of] younger than 21 years of age to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section. B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in …