{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-278.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-278.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-278.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-278.9.html"}],"law_id":74546,"edition_id":1,"section_id":74546,"structure_id":13006,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","history":"1991, cc. 534, 696; 1992, cc. 701, 736, 830; 1993, cc. 482, 866, 972; 1994, c. 338; 2000, c. 835; 2001, cc. 248, 266; 2002, cc. 519, 755; 2003, c. 118; 2005, c. 895; 2007, c. 731; 2010, cc. 522, 569, 570; 2017, c. 623; 2021, Sp. Sess. I, cc. 550, 551.","full_text":"A\n\nIf a court has found facts which would justify a finding that a child at least 13 years of age at the time of the offense is delinquent and such finding involves (i) a violation of § 18.2-266 or of a similar ordinance of any county, city, or town; (ii) a refusal to take a breath test in violation of § 18.2-268.2; (iii) a felony violation of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-248, 18.2-248.1, or 18.2-250; (iv) a misdemeanor violation of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-248, 18.2-248.1, or 18.2-250; (v) the unlawful purchase, possession, or consumption of alcohol in violation of § 4.1-305 or the unlawful drinking or possession of alcoholic beverages in or on public school grounds in violation of § 4.1-309; (vi) public intoxication in violation of § 18.2-388 or a similar ordinance of a county, city, or town; (vii) the unlawful use or possession of a handgun or possession of a “streetsweeper” as defined below; or (viii) a violation of § 18.2-83, the court shall order, in addition to any other penalty that it may impose as provided by law for the offense, that the child be denied a driver’s license. In addition to any other penalty authorized by this section, if the offense involves a violation designated under clause (i) and the child was transporting a person 17 years of age or younger, the court shall impose the additional fine and order community service as provided in § 18.2-270. If the offense involves a violation designated under clause (i), (ii), (iii), or (viii), the denial of a driver’s license shall be for a period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such offense or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent such offense. If the offense involves a violation designated under clause (iv), (v), or (vi) the denial of driving privileges shall be for a period of six months unless the offense is committed by a child under the age of 16 years and three months, in which case the child’s ability to apply for a driver’s license shall be delayed for a period of six months following the date he reaches the age of 16 and three months. If the offense involves a first violation designated under clause (v) or (vi), the court shall impose the license sanction and may enter a judgment of guilt or, without entering a judgment of guilt, may defer disposition of the delinquency charge until such time as the court disposes of the case pursuant to subsection F. If the offense involves a violation designated under clause (iii) or (iv), the court shall impose the license sanction and shall dispose of the delinquency charge pursuant to the provisions of this chapter or § 18.2-251. If the offense involves a violation designated under clause (vii), the denial of driving privileges shall be for a period of not less than 30 days, except when the offense involves possession of a concealed handgun or a striker 12, commonly called a “streetsweeper,” or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding 12 shotgun shells, in which case the denial of driving privileges shall be for a period of two years unless the offense is committed by a child under the age of 16 years and three months, in which event the child’s ability to apply for a driver’s license shall be delayed for a period of two years following the date he reaches the age of 16 and three months.A1\n\nIf a court finds that a child at least 13 years of age has failed to comply with school attendance and meeting requirements as provided in § 22.1-258, the court shall order the denial of the child’s driving privileges for a period of not less than 30 days. If such failure to comply involves a child under the age of 16 years and three months, the child’s ability to apply for a driver’s license shall be delayed for a period of not less than 30 days following the date he reaches the age of 16 and three months.\n\t\t\tIf the court finds a second or subsequent such offense, it may order the denial of a driver’s license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child’s ability to apply for a driver’s license for a period of one year following the date he reaches the age of 16 and three months, as may be appropriate.A2\n\nIf a court finds that a child at least 13 years of age has refused to take a blood test in violation of § 18.2-268.2, the court shall order that the child be denied a driver’s license for a period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such offense or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent such offense.B\n\nAny child who has a driver’s license at the time of the offense or at the time of the court’s finding as provided in subsection A1 or A2 shall be ordered to surrender his driver’s license, which shall be held in the physical custody of the court during any period of license denial.C\n\nThe court shall report any order issued under this section to the Department of Motor Vehicles, which shall preserve a record thereof. The report and the record shall include a statement as to whether the child was represented by or waived counsel or whether the order was issued pursuant to subsection A1 or A2. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. No other record of the proceeding shall be forwarded to the Department of Motor Vehicles unless the proceeding results in an adjudication of guilt pursuant to subsection F.\n\t\t\tThe Department of Motor Vehicles shall refuse to issue a driver’s license to any child denied a driver’s license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order of denial under subsection E.D\n\nIf the finding as to the child involves a violation designated under clause (i), (ii), (iii) or (vi) of subsection A or a violation designated under subsection A2, the child may be referred to a certified alcohol safety action program in accordance with § 18.2-271.1 upon such terms and conditions as the court may set forth. If the finding as to such child involves a violation designated under clause (iii), (iv), (v), (vii) or (viii) of subsection A, such child may be referred to appropriate rehabilitative or educational services upon such terms and conditions as the court may set forth.\n\t\t\tThe court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any child who has a driver’s license at the time of the offense or at the time of the court’s finding as provided in subsection A1 or A2 for any of the purposes set forth in subsection E of § 18.2-271.1 or for travel to and from school, except that no restricted license shall be issued for travel to and from home and school when school-provided transportation is available and no restricted license shall be issued if the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, or if it involves a second or subsequent violation of any offense designated in subsection A, a second finding by the court of failure to comply with school attendance and meeting requirements as provided in subsection A1, or a second or subsequent finding by the court of a refusal to take a blood test as provided in subsection A2. The issuance of the restricted permit shall be set forth within the court order, a copy of which shall be provided to the child, and shall specifically enumerate the restrictions imposed and contain such information regarding the child as is reasonably necessary to identify him. The child may operate a motor vehicle under the court order in accordance with its terms. Any child who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 46.2-301.E\n\nUpon petition made at least 90 days after issuance of the order, the court may review and withdraw any order of denial of a driver’s license if for a first such offense or finding as provided in subsection A1 or A2. For a second or subsequent such offense or finding, the order may not be reviewed and withdrawn until one year after its issuance.F\n\nIf the finding as to such child involves a first violation designated under clause (vii) of subsection A, upon fulfillment of the terms and conditions prescribed by the court and after the child’s driver’s license has been restored, the court shall or, in the event the violation resulted in the injury or death of any person or if the finding involves a violation designated under clause (i), (ii), (v), or (vi) of subsection A, may discharge the child and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without an adjudication of guilt but a record of the proceeding shall be retained for the purpose of applying this section in subsequent proceedings. Failure of the child to fulfill such terms and conditions shall result in an adjudication of guilt. If the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of pursuant to the provisions of this chapter or § 18.2-251. If the finding as to such child involves a second violation under clause (v), (vi) or (vii) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of under § 16.1-278.8.","order_by":null,"text":{"0":{"id":267905,"text":"If a court has found facts which would justify a finding that a child at least 13 years of age at the time of the offense is delinquent and such finding involves (i) a violation of § 18.2-266 or of a similar ordinance of any county, city, or town; (ii) a refusal to take a breath test in violation of § 18.2-268.2; (iii) a felony violation of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-248, 18.2-248.1, or 18.2-250; (iv) a misdemeanor violation of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-248, 18.2-248.1, or 18.2-250; (v) the unlawful purchase, possession, or consumption of alcohol in violation of § 4.1-305 or the unlawful drinking or possession of alcoholic beverages in or on public school grounds in violation of § 4.1-309; (vi) public intoxication in violation of § 18.2-388 or a similar ordinance of a county, city, or town; (vii) the unlawful use or possession of a handgun or possession of a “streetsweeper” as defined below; or (viii) a violation of § 18.2-83, the court shall order, in addition to any other penalty that it may impose as provided by law for the offense, that the child be denied a driver’s license. In addition to any other penalty authorized by this section, if the offense involves a violation designated under clause (i) and the child was transporting a person 17 years of age or younger, the court shall impose the additional fine and order community service as provided in § 18.2-270. If the offense involves a violation designated under clause (i), (ii), (iii), or (viii), the denial of a driver’s license shall be for a period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such offense or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent such offense. If the offense involves a violation designated under clause (iv), (v), or (vi) the denial of driving privileges shall be for a period of six months unless the offense is committed by a child under the age of 16 years and three months, in which case the child’s ability to apply for a driver’s license shall be delayed for a period of six months following the date he reaches the age of 16 and three months. If the offense involves a first violation designated under clause (v) or (vi), the court shall impose the license sanction and may enter a judgment of guilt or, without entering a judgment of guilt, may defer disposition of the delinquency charge until such time as the court disposes of the case pursuant to subsection F. If the offense involves a violation designated under clause (iii) or (iv), the court shall impose the license sanction and shall dispose of the delinquency charge pursuant to the provisions of this chapter or § 18.2-251. If the offense involves a violation designated under clause (vii), the denial of driving privileges shall be for a period of not less than 30 days, except when the offense involves possession of a concealed handgun or a striker 12, commonly called a “streetsweeper,” or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding 12 shotgun shells, in which case the denial of driving privileges shall be for a period of two years unless the offense is committed by a child under the age of 16 years and three months, in which event the child’s ability to apply for a driver’s license shall be delayed for a period of two years following the date he reaches the age of 16 and three months.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":267906,"text":"If a court finds that a child at least 13 years of age has failed to comply with school attendance and meeting requirements as provided in § 22.1-258, the court shall order the denial of the child’s driving privileges for a period of not less than 30 days. If such failure to comply involves a child under the age of 16 years and three months, the child’s ability to apply for a driver’s license shall be delayed for a period of not less than 30 days following the date he reaches the age of 16 and three months.\n\t\t\tIf the court finds a second or subsequent such offense, it may order the denial of a driver’s license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child’s ability to apply for a driver’s license for a period of one year following the date he reaches the age of 16 and three months, as may be appropriate.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":267907,"text":"If a court finds that a child at least 13 years of age has refused to take a blood test in violation of § 18.2-268.2, the court shall order that the child be denied a driver’s license for a period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such offense or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent such offense.","type":"section","prefixes":["A2"],"prefix":"A2","entire_prefix":"A2","prefix_anchor":"A2","level":1,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":267908,"text":"Any child who has a driver’s license at the time of the offense or at the time of the court’s finding as provided in subsection A1 or A2 shall be ordered to surrender his driver’s license, which shall be held in the physical custody of the court during any period of license denial.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":267909,"text":"The court shall report any order issued under this section to the Department of Motor Vehicles, which shall preserve a record thereof. The report and the record shall include a statement as to whether the child was represented by or waived counsel or whether the order was issued pursuant to subsection A1 or A2. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. No other record of the proceeding shall be forwarded to the Department of Motor Vehicles unless the proceeding results in an adjudication of guilt pursuant to subsection F.\n\t\t\tThe Department of Motor Vehicles shall refuse to issue a driver’s license to any child denied a driver’s license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order of denial under subsection E.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":267910,"text":"If the finding as to the child involves a violation designated under clause (i), (ii), (iii) or (vi) of subsection A or a violation designated under subsection A2, the child may be referred to a certified alcohol safety action program in accordance with § 18.2-271.1 upon such terms and conditions as the court may set forth. If the finding as to such child involves a violation designated under clause (iii), (iv), (v), (vii) or (viii) of subsection A, such child may be referred to appropriate rehabilitative or educational services upon such terms and conditions as the court may set forth.\n\t\t\tThe court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any child who has a driver’s license at the time of the offense or at the time of the court’s finding as provided in subsection A1 or A2 for any of the purposes set forth in subsection E of § 18.2-271.1 or for travel to and from school, except that no restricted license shall be issued for travel to and from home and school when school-provided transportation is available and no restricted license shall be issued if the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, or if it involves a second or subsequent violation of any offense designated in subsection A, a second finding by the court of failure to comply with school attendance and meeting requirements as provided in subsection A1, or a second or subsequent finding by the court of a refusal to take a blood test as provided in subsection A2. The issuance of the restricted permit shall be set forth within the court order, a copy of which shall be provided to the child, and shall specifically enumerate the restrictions imposed and contain such information regarding the child as is reasonably necessary to identify him. The child may operate a motor vehicle under the court order in accordance with its terms. Any child who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 46.2-301.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":267911,"text":"Upon petition made at least 90 days after issuance of the order, the court may review and withdraw any order of denial of a driver’s license if for a first such offense or finding as provided in subsection A1 or A2. For a second or subsequent such offense or finding, the order may not be reviewed and withdrawn until one year after its issuance.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":267912,"text":"If the finding as to such child involves a first violation designated under clause (vii) of subsection A, upon fulfillment of the terms and conditions prescribed by the court and after the child’s driver’s license has been restored, the court shall or, in the event the violation resulted in the injury or death of any person or if the finding involves a violation designated under clause (i), (ii), (v), or (vi) of subsection A, may discharge the child and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without an adjudication of guilt but a record of the proceeding shall be retained for the purpose of applying this section in subsequent proceedings. Failure of the child to fulfill such terms and conditions shall result in an adjudication of guilt. If the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of pursuant to the provisions of this chapter or § 18.2-251. If the finding as to such child involves a second violation under clause (v), (vi) or (vii) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of under § 16.1-278.8.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13006,"edition_id":1,"name":"Disposition","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":161781,"object_type":"structure","relational_id":13006,"identifier":"9","token":"16.1\/11\/9","url":"\/16.1\/11\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61839,"structure_id":13006,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","url":"\/16.1-278\/","token":"16.1\/11\/9\/16.1-278","metadata":false},{"id":71042,"structure_id":13006,"section_number":"16.1-278.1","catch_line":"Definitions","url":"\/16.1-278.1\/","token":"16.1\/11\/9\/16.1-278.1","metadata":false},{"id":82666,"structure_id":13006,"section_number":"16.1-278.10","catch_line":"Traffic infractions","url":"\/16.1-278.10\/","token":"16.1\/11\/9\/16.1-278.10","metadata":false},{"id":81073,"structure_id":13006,"section_number":"16.1-278.11","catch_line":"Mental illness and intellectual disability","url":"\/16.1-278.11\/","token":"16.1\/11\/9\/16.1-278.11","metadata":false},{"id":63604,"structure_id":13006,"section_number":"16.1-278.12","catch_line":"When judicial consent in lieu of parental consent authorized","url":"\/16.1-278.12\/","token":"16.1\/11\/9\/16.1-278.12","metadata":false},{"id":65268,"structure_id":13006,"section_number":"16.1-278.13","catch_line":"Work permits; petitions for treatment, etc","url":"\/16.1-278.13\/","token":"16.1\/11\/9\/16.1-278.13","metadata":false},{"id":75260,"structure_id":13006,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","url":"\/16.1-278.14\/","token":"16.1\/11\/9\/16.1-278.14","metadata":false},{"id":78408,"structure_id":13006,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","url":"\/16.1-278.15\/","token":"16.1\/11\/9\/16.1-278.15","metadata":false},{"id":61778,"structure_id":13006,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","url":"\/16.1-278.16\/","token":"16.1\/11\/9\/16.1-278.16","metadata":false},{"id":63607,"structure_id":13006,"section_number":"16.1-278.17","catch_line":"Pendente lite support","url":"\/16.1-278.17\/","token":"16.1\/11\/9\/16.1-278.17","metadata":false},{"id":83584,"structure_id":13006,"section_number":"16.1-278.17:1","catch_line":"Formula for determination of pendente lite spousal support","url":"\/16.1-278.17_1\/","token":"16.1\/11\/9\/16.1-278.17_1","metadata":false},{"id":59856,"structure_id":13006,"section_number":"16.1-278.18","catch_line":"Money judgments","url":"\/16.1-278.18\/","token":"16.1\/11\/9\/16.1-278.18","metadata":false},{"id":74062,"structure_id":13006,"section_number":"16.1-278.19","catch_line":"Attorney fees","url":"\/16.1-278.19\/","token":"16.1\/11\/9\/16.1-278.19","metadata":false},{"id":59979,"structure_id":13006,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","url":"\/16.1-278.2\/","token":"16.1\/11\/9\/16.1-278.2","metadata":false},{"id":54079,"structure_id":13006,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","url":"\/16.1-278.3\/","token":"16.1\/11\/9\/16.1-278.3","metadata":false},{"id":86609,"structure_id":13006,"section_number":"16.1-278.4","catch_line":"Children in need of services","url":"\/16.1-278.4\/","token":"16.1\/11\/9\/16.1-278.4","metadata":false},{"id":62708,"structure_id":13006,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","url":"\/16.1-278.5\/","token":"16.1\/11\/9\/16.1-278.5","metadata":false},{"id":74489,"structure_id":13006,"section_number":"16.1-278.6","catch_line":"Status offenders","url":"\/16.1-278.6\/","token":"16.1\/11\/9\/16.1-278.6","metadata":false},{"id":80876,"structure_id":13006,"section_number":"16.1-278.7","catch_line":"Commitment to Department of Juvenile Justice","url":"\/16.1-278.7\/","token":"16.1\/11\/9\/16.1-278.7","metadata":false},{"id":54722,"structure_id":13006,"section_number":"16.1-278.7:01","catch_line":"Department to give notice of the receipt of certain persons","url":"\/16.1-278.7_01\/","token":"16.1\/11\/9\/16.1-278.7_01","metadata":false},{"id":87505,"structure_id":13006,"section_number":"16.1-278.7:02","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","url":"\/16.1-278.7_02\/","token":"16.1\/11\/9\/16.1-278.7_02","metadata":false},{"id":62824,"structure_id":13006,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","url":"\/16.1-278.8\/","token":"16.1\/11\/9\/16.1-278.8","metadata":false},{"id":67041,"structure_id":13006,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","url":"\/16.1-278.8_01\/","token":"16.1\/11\/9\/16.1-278.8_01","metadata":false},{"id":74546,"structure_id":13006,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","url":"\/16.1-278.9\/","token":"16.1\/11\/9\/16.1-278.9","metadata":false},{"id":72132,"structure_id":13006,"section_number":"16.1-279","catch_line":"Repealed","url":"\/16.1-279\/","token":"16.1\/11\/9\/16.1-279","metadata":false},{"id":62456,"structure_id":13006,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","url":"\/16.1-279.1\/","token":"16.1\/11\/9\/16.1-279.1","metadata":false},{"id":76101,"structure_id":13006,"section_number":"16.1-280","catch_line":"Commitment of juveniles with mental illness or intellectual disability","url":"\/16.1-280\/","token":"16.1\/11\/9\/16.1-280","metadata":false},{"id":58560,"structure_id":13006,"section_number":"16.1-281","catch_line":"Foster care plan","url":"\/16.1-281\/","token":"16.1\/11\/9\/16.1-281","metadata":false},{"id":56077,"structure_id":13006,"section_number":"16.1-282","catch_line":"Foster care review","url":"\/16.1-282\/","token":"16.1\/11\/9\/16.1-282","metadata":false},{"id":55053,"structure_id":13006,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","url":"\/16.1-282.1\/","token":"16.1\/11\/9\/16.1-282.1","metadata":false},{"id":56299,"structure_id":13006,"section_number":"16.1-282.2","catch_line":"Annual foster care review","url":"\/16.1-282.2\/","token":"16.1\/11\/9\/16.1-282.2","metadata":false},{"id":75076,"structure_id":13006,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","url":"\/16.1-283\/","token":"16.1\/11\/9\/16.1-283","metadata":false},{"id":74001,"structure_id":13006,"section_number":"16.1-283.1","catch_line":"Authority to enter into voluntary post-adoption contact and communication agreement","url":"\/16.1-283.1\/","token":"16.1\/11\/9\/16.1-283.1","metadata":false},{"id":85194,"structure_id":13006,"section_number":"16.1-283.2","catch_line":"Restoration of parental rights","url":"\/16.1-283.2\/","token":"16.1\/11\/9\/16.1-283.2","metadata":false},{"id":55428,"structure_id":13006,"section_number":"16.1-283.3","catch_line":"Review of voluntary continuing services and support agreements for former foster youth","url":"\/16.1-283.3\/","token":"16.1\/11\/9\/16.1-283.3","metadata":false},{"id":61757,"structure_id":13006,"section_number":"16.1-284","catch_line":"When adult sentenced for juvenile offense","url":"\/16.1-284\/","token":"16.1\/11\/9\/16.1-284","metadata":false},{"id":54157,"structure_id":13006,"section_number":"16.1-284.1","catch_line":"Placement in secure local facility","url":"\/16.1-284.1\/","token":"16.1\/11\/9\/16.1-284.1","metadata":false},{"id":59506,"structure_id":13006,"section_number":"16.1-285","catch_line":"Duration of commitments","url":"\/16.1-285\/","token":"16.1\/11\/9\/16.1-285","metadata":false},{"id":75164,"structure_id":13006,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","url":"\/16.1-285.1\/","token":"16.1\/11\/9\/16.1-285.1","metadata":false},{"id":70403,"structure_id":13006,"section_number":"16.1-285.2","catch_line":"Release and review hearing for serious offender","url":"\/16.1-285.2\/","token":"16.1\/11\/9\/16.1-285.2","metadata":false},{"id":84274,"structure_id":13006,"section_number":"16.1-286","catch_line":"Cost of maintenance; approval of placement; semiannual review","url":"\/16.1-286\/","token":"16.1\/11\/9\/16.1-286","metadata":false},{"id":78593,"structure_id":13006,"section_number":"16.1-287","catch_line":"Transfer of information upon commitment; information to be furnished by and to local school boards","url":"\/16.1-287\/","token":"16.1\/11\/9\/16.1-287","metadata":false},{"id":86549,"structure_id":13006,"section_number":"16.1-288","catch_line":"Protection of religious affiliations","url":"\/16.1-288\/","token":"16.1\/11\/9\/16.1-288","metadata":false},{"id":70444,"structure_id":13006,"section_number":"16.1-289","catch_line":"Review of order of commitment","url":"\/16.1-289\/","token":"16.1\/11\/9\/16.1-289","metadata":false},{"id":67111,"structure_id":13006,"section_number":"16.1-289.1","catch_line":"Motions to reconsider orders for participation in continuing programs","url":"\/16.1-289.1\/","token":"16.1\/11\/9\/16.1-289.1","metadata":false},{"id":65314,"structure_id":13006,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","url":"\/16.1-290\/","token":"16.1\/11\/9\/16.1-290","metadata":false},{"id":54758,"structure_id":13006,"section_number":"16.1-290.1","catch_line":"Payment for court-ordered counseling, treatment or programs","url":"\/16.1-290.1\/","token":"16.1\/11\/9\/16.1-290.1","metadata":false},{"id":66947,"structure_id":13006,"section_number":"16.1-290.2","catch_line":"Certain information to be made available to certain defendants found not guilty","url":"\/16.1-290.2\/","token":"16.1\/11\/9\/16.1-290.2","metadata":false}],"previous_section":{"id":67041,"structure_id":13006,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","url":"\/16.1-278.8_01\/","token":"16.1\/11\/9\/16.1-278.8_01","metadata":false},"next_section":{"id":72132,"structure_id":13006,"section_number":"16.1-279","catch_line":"Repealed","url":"\/16.1-279\/","token":"16.1\/11\/9\/16.1-279","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-278.9\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapters 534 and 696 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapters 701, 736, and 830; in 1993, chapters 482, 866, and 972; in 1994, chapter 338<\/a>; in 2000, chapter 835<\/a>; in 2001, chapters 248<\/a> and 266<\/a>; in 2002, chapters 519<\/a> and 755<\/a>; in 2003, chapter 118<\/a>; in 2005, chapter 895<\/a>; in 2007, chapter 731<\/a>; in 2010, chapters 522<\/a>, 569<\/a>, and 570<\/a>; in 2017, chapter 623<\/a>.<\/p>","references":[{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":61643,"section_number":"17.1-275.1","catch_line":"Fixed felony fee","order_by":null,"url":"\/17.1-275.1\/"},{"id":87137,"section_number":"17.1-275.2","catch_line":"Fixed fee for felony reduced to misdemeanor","order_by":null,"url":"\/17.1-275.2\/"},{"id":78190,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","order_by":null,"url":"\/17.1-275.7\/"},{"id":68547,"section_number":"18.2-251","catch_line":"Persons 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","order_by":null,"url":"\/18.2-251\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":65965,"section_number":"19.2-335","catch_line":"Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him","order_by":null,"url":"\/19.2-335\/"},{"id":77943,"section_number":"19.2-336","catch_line":"Clerk to make up statement of whole cost, and issue execution therefor","order_by":null,"url":"\/19.2-336\/"},{"id":67477,"section_number":"4.1-1105.1","catch_line":"Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services","order_by":null,"url":"\/4.1-1105.1\/"},{"id":85034,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","order_by":null,"url":"\/4.1-305\/"},{"id":60183,"section_number":"4.1-306","catch_line":"Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture","order_by":null,"url":"\/4.1-306\/"},{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"}],"refers_to":[{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":84235,"section_number":"16.1-299","catch_line":"(Effective until July 1, 2026) Fingerprints and photographs of juveniles","order_by":null,"url":"\/16.1-299\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":60632,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","order_by":null,"url":"\/18.2-248.1\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":68547,"section_number":"18.2-251","catch_line":"Persons 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","order_by":null,"url":"\/18.2-251\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":74659,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","order_by":null,"url":"\/18.2-268.2\/"},{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":85045,"section_number":"18.2-388","catch_line":"Intoxication in public; penalty; transportation of public inebriates to detoxification center","order_by":null,"url":"\/18.2-388\/"},{"id":65236,"section_number":"18.2-83","catch_line":"Threats to bomb, damage, or discharge a firearm within or at buildings or means of transportation; false information as to danger to such buildings, etc.; punishment; venue","order_by":null,"url":"\/18.2-83\/"},{"id":72504,"section_number":"22.1-258","catch_line":"Appointment of attendance officers; notification when pupil fails to report to school; plan; conference; court proceedings","order_by":null,"url":"\/22.1-258\/"},{"id":61546,"section_number":"4.1-1100","catch_line":"Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties","order_by":null,"url":"\/4.1-1100\/"},{"id":85034,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","order_by":null,"url":"\/4.1-305\/"},{"id":76473,"section_number":"4.1-309","catch_line":"Drinking or possessing alcoholic beverages in or on public school grounds; penalty","order_by":null,"url":"\/4.1-309\/"}],"permalink":{"id":161875,"object_type":"law","relational_id":74546,"identifier":"16.1-278.9","token":"16.1\/11\/9\/16.1-278.9","url":"\/16.1-278.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-278.9\/","token":"16.1\/11\/9\/16.1-278.9","dublin_core":{"Title":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-278.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a court has found facts<\/span> which would justify a finding<\/span> that a child at least 13 years of age at the time of the offense<\/span> is delinquent and such finding<\/span> involves (i) a violation of § 18.2-266<\/a> or of a similar ordinance<\/span> of any county, city, or town; (ii) a refusal to take a breath test in violation of § 18.2-268.2<\/a>; (iii) a felony<\/span> violation of Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1 or § 18.2-248<\/a>, 18.2-248.1<\/a>, or 18.2-250<\/a>; (iv) a misdemeanor<\/span> violation of Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1 or § 18.2-248<\/a>, 18.2-248.1<\/a>, or 18.2-250<\/a>; (v) the unlawful purchase, possession<\/span>, or consumption of alcohol in violation of § 4.1-305<\/a> or the unlawful drinking or possession<\/span> of alcoholic beverages in or on public school grounds in violation of § 4.1-309<\/a>; (vi) public intoxication in violation of § 18.2-388<\/a> or a similar ordinance<\/span> of a county, city, or town; (vii) the unlawful use or possession<\/span> of a handgun or possession<\/span> of a “streetsweeper” as defined below; or (viii) a violation of § 18.2-83<\/a>, the court<\/span> shall order<\/span>, in addition to any other penalty<\/span> that it may impose as provided by law<\/span> for the offense<\/span>, that the child be denied a driver’s license. In addition to any other penalty<\/span> authorized by this section, if the offense<\/span> involves a violation designated under clause (i) and the child was transporting a person 17 years of age or younger, the court<\/span> shall impose the additional fine and order<\/span> community service<\/span> as provided in § 18.2-270<\/a>. If the offense<\/span> involves a violation designated under clause (i), (ii), (iii), or (viii), the denial of a driver’s license shall be for a period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such offense<\/span> or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent such offense<\/span>. If the offense<\/span> involves a violation designated under clause (iv), (v), or (vi) the denial of driving privileges<\/span> shall be for a period of six months unless the offense<\/span> is committed by a child under the age of 16 years and three months, in which case the child’s ability to apply for a driver’s license shall be delayed for a period of six months following the date he reaches the age of 16 and three months. If the offense<\/span> involves a first violation designated under clause (v) or (vi), the court<\/span> shall impose the license sanction<\/span> and may enter a judgment<\/span> of guilt or, without entering a judgment<\/span> of guilt, may defer disposition<\/span> of the delinquency charge until such time as the court<\/span> disposes of the case pursuant to subsection F. If the offense<\/span> involves a violation designated under clause (iii) or (iv), the court<\/span> shall impose the license sanction<\/span> and shall dispose of the delinquency charge pursuant to the provisions of this chapter or § 18.2-251<\/a>. If the offense<\/span> involves a violation designated under clause (vii), the denial of driving privileges<\/span> shall be for a period of not less than 30 days, except when the offense<\/span> involves possession<\/span> of a concealed handgun or a striker 12, commonly called a “streetsweeper,” or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding 12 shotgun shells, in which case the denial of driving privileges<\/span> shall be for a period of two years unless the offense<\/span> is committed by a child under the age of 16 years and three months, in which event the child’s ability to apply for a driver’s license shall be delayed for a period of two years following the date he reaches the age of 16 and three months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> If a court finds that a child at least 13 years of age has failed to comply with school attendance and meeting requirements as provided in § 22.1-258<\/a>, the court<\/span> shall order<\/span> the denial of the child’s driving privileges<\/span> for a period of not less than 30 days. If such failure to comply involves a child under the age of 16 years and three months, the child’s ability to apply for a driver’s license shall be delayed for a period of not less than 30 days following the date he reaches the age of 16 and three months.\n\t\t\tIf the court<\/span> finds a second or subsequent such offense<\/span>, it may order<\/span> the denial of a driver’s license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child’s ability to apply for a driver’s license for a period of one year following the date he reaches the age of 16 and three months, as may be appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A2.<\/span> If a court finds that a child at least 13 years of age has refused to take a blood test in violation of § 18.2-268.2<\/a>, the court<\/span> shall order<\/span> that the child be denied a driver’s license for a period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such offense<\/span> or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent such offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any child who has a driver’s license at the time of the offense<\/span> or at the time of the court<\/span>’s finding<\/span> as provided in subsection A1 or A2 shall be ordered to surrender his driver’s license, which shall be held in the physical custody<\/span> of the court<\/span> during any period of license denial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall report any order issued under this section to the Department<\/span> of Motor Vehicles, which shall preserve a record thereof. The report and the record shall include a statement as to whether the child was represented by or waived counsel<\/span> or whether the order was issued pursuant to subsection A1 or A2. Notwithstanding the provisions of Article 12 (§ 16.1-299<\/a> et seq.) or the provisions of Title 46.2, this record shall be available only to all law<\/span>-enforcement officers, attorneys for the Commonwealth and courts<\/span>. No other record of the proceeding shall be forwarded to the Department<\/span> of Motor Vehicles unless the proceeding results in an adjudication of guilt pursuant to subsection F.\n\t\t\tThe Department<\/span> of Motor Vehicles shall refuse to issue<\/span> a driver’s license to any child denied a driver’s license until such time as is stipulated in the court order<\/span> or until notification by the court<\/span> of withdrawal of the order of denial under subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the finding<\/span> as to the child involves a violation designated under clause (i), (ii), (iii) or (vi) of subsection A or a violation designated under subsection A2, the child may be referred to a certified alcohol safety action program in accordance with § 18.2-271.1<\/a> upon such terms and conditions as the court<\/span> may set forth. If the finding<\/span> as to such child involves a violation designated under clause (iii), (iv), (v), (vii) or (viii) of subsection A, such child may be referred to appropriate rehabilitative or educational services upon such terms and conditions as the court<\/span> may set forth.\n\t\t\tThe court<\/span>, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any child who has a driver’s license at the time of the offense<\/span> or at the time of the court<\/span>’s finding<\/span> as provided in subsection A1 or A2 for any of the purposes set forth in subsection E of § 18.2-271.1<\/a> or for travel to and from school, except that no restricted license shall be issued for travel to and from home and school when school-provided transportation is available and no restricted license shall be issued if the finding<\/span> as to such child involves a violation designated under clause (iii) or (iv) of subsection A, or if it involves a second or subsequent violation of any offense<\/span> designated in subsection A, a second finding<\/span> by the court<\/span> of failure to comply with school attendance and meeting requirements as provided in subsection A1, or a second or subsequent finding<\/span> by the court<\/span> of a refusal to take a blood test as provided in subsection A2. The issuance of the restricted permit shall be set forth within the court order<\/span>, a copy of which shall be provided to the child, and shall specifically enumerate the restrictions imposed and contain such information regarding the child as is reasonably necessary to identify him. The child may operate a motor vehicle under the court order<\/span> in accordance with its terms. Any child who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 46.2-301<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon petition<\/span> made at least 90 days after issuance of the order, the court<\/span> may review and withdraw any order of denial of a driver’s license if for a first such offense<\/span> or finding<\/span> as provided in subsection A1 or A2. For a second or subsequent such offense<\/span> or finding<\/span>, the order may not be reviewed and withdrawn until one year after its issuance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the finding<\/span> as to such child involves a first violation designated under clause (vii) of subsection A, upon fulfillment of the terms and conditions prescribed by the court<\/span> and after the child’s driver’s license has been restored, the court<\/span> shall or, in the event the violation resulted in the injury or death of any person or if the finding<\/span> involves a violation designated under clause (i), (ii), (v), or (vi) of subsection A, may discharge the child and dismiss the proceedings against him. Discharge and dismissal<\/span> under these provisions shall be without an adjudication of guilt but a record of the proceeding shall be retained for the purpose of applying this section in subsequent proceedings. Failure of the child to fulfill such terms and conditions shall result in an adjudication of guilt. If the finding<\/span> as to such child involves a violation designated under clause (iii) or (iv) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of pursuant to the provisions of this chapter or § 18.2-251<\/a>. If the finding<\/span> as to such child involves a second violation under clause (v), (vi) or (vii) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of under § 16.1-278.8<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDELINQUENT CHILDREN; LOSS OF DRIVING PRIVILEGES FOR ALCOHOL, FIREARM, AND DRUG\nOFFENSES; TRUANCY (\u00a7 16.1-278.9)\n\nA. If a court has found facts which would justify a finding that a child at\nleast 13 years of age at the time of the offense is delinquent and such finding\ninvolves (i) a violation of § 18.2-266 or of a similar ordinance of any\ncounty, city, or town; (ii) a refusal to take a breath test in violation of\n§ 18.2-268.2; (iii) a felony violation of Chapter 11 (§ 4.1-1100 et\nseq.) of Title 4.1 or § 18.2-248, 18.2-248.1, or 18.2-250; (iv) a\nmisdemeanor violation of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or\n§ 18.2-248, 18.2-248.1, or 18.2-250; (v) the unlawful purchase, possession,\nor consumption of alcohol in violation of § 4.1-305 or the unlawful\ndrinking or possession of alcoholic beverages in or on public school grounds in\nviolation of § 4.1-309; (vi) public intoxication in violation of §\n18.2-388 or a similar ordinance of a county, city, or town; (vii) the unlawful\nuse or possession of a handgun or possession of a “streetsweeper” as\ndefined below; or (viii) a violation of § 18.2-83, the court shall order,\nin addition to any other penalty that it may impose as provided by law for the\noffense, that the child be denied a driver’s license. In addition to any\nother penalty authorized by this section, if the offense involves a violation\ndesignated under clause (i) and the child was transporting a person 17 years of\nage or younger, the court shall impose the additional fine and order community\nservice as provided in § 18.2-270. If the offense involves a violation\ndesignated under clause (i), (ii), (iii), or (viii), the denial of a\ndriver’s license shall be for a period of one year or until the juvenile\nreaches the age of 17, whichever is longer, for a first such offense or for a\nperiod of one year or until the juvenile reaches the age of 18, whichever is\nlonger, for a second or subsequent such offense. If the offense involves a\nviolation designated under clause (iv), (v), or (vi) the denial of driving\nprivileges shall be for a period of six months unless the offense is committed\nby a child under the age of 16 years and three months, in which case the\nchild’s ability to apply for a driver’s license shall be delayed for\na period of six months following the date he reaches the age of 16 and three\nmonths. If the offense involves a first violation designated under clause (v) or\n(vi), the court shall impose the license sanction and may enter a judgment of\nguilt or, without entering a judgment of guilt, may defer disposition of the\ndelinquency charge until such time as the court disposes of the case pursuant to\nsubsection F. If the offense involves a violation designated under clause (iii)\nor (iv), the court shall impose the license sanction and shall dispose of the\ndelinquency charge pursuant to the provisions of this chapter or §\n18.2-251. If the offense involves a violation designated under clause (vii), the\ndenial of driving privileges shall be for a period of not less than 30 days,\nexcept when the offense involves possession of a concealed handgun or a striker\n12, commonly called a “streetsweeper,” or any semi-automatic folding\nstock shotgun of like kind with a spring tension drum magazine capable of\nholding 12 shotgun shells, in which case the denial of driving privileges shall\nbe for a period of two years unless the offense is committed by a child under\nthe age of 16 years and three months, in which event the child’s ability\nto apply for a driver’s license shall be delayed for a period of two years\nfollowing the date he reaches the age of 16 and three months.\n\nA1. If a court finds that a child at least 13 years of age has failed to comply\nwith school attendance and meeting requirements as provided in § 22.1-258,\nthe court shall order the denial of the child’s driving privileges for a\nperiod of not less than 30 days. If such failure to comply involves a child\nunder the age of 16 years and three months, the child’s ability to apply\nfor a driver’s license shall be delayed for a period of not less than 30\ndays following the date he reaches the age of 16 and three months.\n\t\t\tIf the court finds a second or subsequent such offense, it may order the\ndenial of a driver’s license for a period of one year or until the\njuvenile reaches the age of 18, whichever is longer, or delay the child’s\nability to apply for a driver’s license for a period of one year following\nthe date he reaches the age of 16 and three months, as may be appropriate.\n\nA2. If a court finds that a child at least 13 years of age has refused to take a\nblood test in violation of § 18.2-268.2, the court shall order that the\nchild be denied a driver’s license for a period of one year or until the\njuvenile reaches the age of 17, whichever is longer, for a first such offense or\nfor a period of one year or until the juvenile reaches the age of 18, whichever\nis longer, for a second or subsequent such offense.\n\nB. Any child who has a driver’s license at the time of the offense or at\nthe time of the court’s finding as provided in subsection A1 or A2 shall\nbe ordered to surrender his driver’s license, which shall be held in the\nphysical custody of the court during any period of license denial.\n\nC. The court shall report any order issued under this section to the Department\nof Motor Vehicles, which shall preserve a record thereof. The report and the\nrecord shall include a statement as to whether the child was represented by or\nwaived counsel or whether the order was issued pursuant to subsection A1 or A2.\nNotwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) or the\nprovisions of Title 46.2, this record shall be available only to all\nlaw-enforcement officers, attorneys for the Commonwealth and courts. No other\nrecord of the proceeding shall be forwarded to the Department of Motor Vehicles\nunless the proceeding results in an adjudication of guilt pursuant to subsection\nF.\n\t\t\tThe Department of Motor Vehicles shall refuse to issue a driver’s\nlicense to any child denied a driver’s license until such time as is\nstipulated in the court order or until notification by the court of withdrawal\nof the order of denial under subsection E.\n\nD. If the finding as to the child involves a violation designated under clause\n(i), (ii), (iii) or (vi) of subsection A or a violation designated under\nsubsection A2, the child may be referred to a certified alcohol safety action\nprogram in accordance with § 18.2-271.1 upon such terms and conditions as\nthe court may set forth. If the finding as to such child involves a violation\ndesignated under clause (iii), (iv), (v), (vii) or (viii) of subsection A, such\nchild may be referred to appropriate rehabilitative or educational services upon\nsuch terms and conditions as the court may set forth.\n\t\t\tThe court, in its discretion and upon a demonstration of hardship, may\nauthorize the use of a restricted permit to operate a motor vehicle by any child\nwho has a driver’s license at the time of the offense or at the time of\nthe court’s finding as provided in subsection A1 or A2 for any of the\npurposes set forth in subsection E of § 18.2-271.1 or for travel to and\nfrom school, except that no restricted license shall be issued for travel to and\nfrom home and school when school-provided transportation is available and no\nrestricted license shall be issued if the finding as to such child involves a\nviolation designated under clause (iii) or (iv) of subsection A, or if it\ninvolves a second or subsequent violation of any offense designated in\nsubsection A, a second finding by the court of failure to comply with school\nattendance and meeting requirements as provided in subsection A1, or a second or\nsubsequent finding by the court of a refusal to take a blood test as provided in\nsubsection A2. The issuance of the restricted permit shall be set forth within\nthe court order, a copy of which shall be provided to the child, and shall\nspecifically enumerate the restrictions imposed and contain such information\nregarding the child as is reasonably necessary to identify him. The child may\noperate a motor vehicle under the court order in accordance with its terms. Any\nchild who operates a motor vehicle in violation of any restrictions imposed\npursuant to this section is guilty of a violation of § 46.2-301.\n\nE. Upon petition made at least 90 days after issuance of the order, the court\nmay review and withdraw any order of denial of a driver’s license if for a\nfirst such offense or finding as provided in subsection A1 or A2. For a second\nor subsequent such offense or finding, the order may not be reviewed and\nwithdrawn until one year after its issuance.\n\nF. If the finding as to such child involves a first violation designated under\nclause (vii) of subsection A, upon fulfillment of the terms and conditions\nprescribed by the court and after the child’s driver’s license has\nbeen restored, the court shall or, in the event the violation resulted in the\ninjury or death of any person or if the finding involves a violation designated\nunder clause (i), (ii), (v), or (vi) of subsection A, may discharge the child\nand dismiss the proceedings against him. Discharge and dismissal under these\nprovisions shall be without an adjudication of guilt but a record of the\nproceeding shall be retained for the purpose of applying this section in\nsubsequent proceedings. Failure of the child to fulfill such terms and\nconditions shall result in an adjudication of guilt. If the finding as to such\nchild involves a violation designated under clause (iii) or (iv) of subsection\nA, the charge shall not be dismissed pursuant to this subsection but shall be\ndisposed of pursuant to the provisions of this chapter or § 18.2-251. If\nthe finding as to such child involves a second violation under clause (v), (vi)\nor (vii) of subsection A, the charge shall not be dismissed pursuant to this\nsubsection but shall be disposed of under § 16.1-278.8.\n\nHISTORY: 1991, cc. 534, 696; 1992, cc. 701, 736, 830; 1993, cc. 482, 866, 972;\n1994, c. 338; 2000, c. 835; 2001, cc. 248, 266; 2002, cc. 519, 755; 2003, c.\n118; 2005, c. 895; 2007, c. 731; 2010, cc. 522, 569, 570; 2017, c. 623; 2021,\nSp. Sess. I, cc. 550, 551.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}