46.2-355.1 - Intervention required for certain offenders; fee; penalty; notice.

§ 46.2-355.1. Intervention required for certain offenders; fee; penalty;notice.

A. Upon receiving notification of a second conviction entered on or afterJuly 1, 1999, for driving while the offender's license, permit or privilegeto drive is suspended or revoked in violation of § 46.2-301, the Commissionershall notify such person that he shall report to a Virginia Alcohol SafetyAction Program within sixty days of the date of such notice for intervention.Intervention shall be in accordance with § 18.2-271.1. The program shallprovide the Commissioner with information of the offender's compliance.

B. An interview shall be conducted by a representative of a Virginia AlcoholSafety Action Program. The representative shall review all applicable lawswith the person attending the interview, provide guidance with respect tobudgeting for payment of court fines and costs, if applicable, and explainthe laws and the consequences of future offenses and may refer the person toany driver improvement clinic. A fee of thirty dollars shall be paid to theVirginia Alcohol Safety Action Program for attendance at a driverintervention interview. All fees collected by a Virginia Alcohol SafetyAction Program shall be used to meet its expenses.

C. The Commissioner shall suspend the driving privilege of any person whofails to complete and pay the required fee for an intervention interviewwithin the sixty-day period. The suspension shall continue until such time asthe person has completed and paid for the intervention interview.

D. Notice to report for intervention shall be sent by the Department bycertified mail, return receipt requested, to the driver at the last knownaddress supplied by the driver and on file with the Department.

E. Failure of the offender to attend as required or failure of the Departmentto notify the offender upon the second offense shall not prevent convictionfor any subsequent offense committed in violation of § 46.2-301.

(1999, cc. 945, 987.)