{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-271.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-271.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-271.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-271.1.html"}],"law_id":57797,"edition_id":1,"section_id":57797,"structure_id":13849,"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","history":"1975, 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; 2017, cc. 499, 701; 2020, c. 1007; 2021, Sp. Sess. I, cc. 336, 376; 2023, cc. 561, 562; 2025, cc. 320, 343.","full_text":"A\n\nAny 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 and may have such ignition interlock system installed. Any installation period of time accrued by such person prior to trial for the pending charge shall count toward any (i) ignition interlock or restricted license period of time ordered by a court or (ii) restricted license, suspension, or revocation issued by the Department of Motor Vehicles pursuant to § 46.2-389.B\n\nThe 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.C\n\nUpon conviction of a violation of § 18.2-266 or any ordinance of a county, city or town similar to the provisions thereof, or subsection A of § 46.2-341.24, the court shall impose the sentence authorized by § 18.2-270 or 46.2-341.28 and the license revocation as authorized by § 18.2-271. In addition, if the conviction was for a second offense committed within less than 10 years after a first such offense, the court shall order that restoration of the person’s license to drive be conditioned upon the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100, owned by or registered to the person, in whole or in part, for a period of 12 consecutive months without alcohol-related violations of the interlock requirements beginning at the end of the three-year license revocation, unless such a system has already been installed for 12 consecutive months without alcohol-related violations of the interlock requirements prior to that time pursuant to a restricted license order under subsection E. Upon a finding that a person so convicted is required to participate in the program described herein, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to such program. The court may then proceed to issue an order in accordance with subsection E, if the court finds that the person so convicted is eligible for a restricted license. If the court finds good cause for a person not to participate in such program or subsequently that such person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered, in which event the revocation provisions of § 46.2-389 and subsection A of § 46.2-391 shall be applicable to the conviction. The court shall, upon final disposition of the case, send a copy of its order to the Commissioner of the Department of Motor Vehicles. If such order provides for the issuance of a restricted license, the Commissioner of the Department of Motor Vehicles, upon receipt thereof, shall issue a restricted license. The period of time during which the person (i) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system, (ii) is required to have an ignition interlock system installed on each motor vehicle owned by or registered to the person, in whole or in part, or (iii) is required to use a remote alcohol monitoring device shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles. Appeals from any such disposition shall be allowed as provided by law. The time within which an appeal may be taken shall be calculated from the date of the final disposition of the case or any motion for rehearing, whichever is later.D\n\nAny person who has been convicted under the law of another state or the United States of an offense substantially similar to the provisions of § 18.2-266 or subsection A of § 46.2-341.24, and whose privilege to operate a motor vehicle in this Commonwealth is subject to revocation under the provisions of § 46.2-389 and subsection A of § 46.2-391, may petition the general district court of the county or city in which he resides that he be given probation and assigned to a program as provided in subsection A and that, upon entry into such program, he be issued an order in accordance with subsection E. If the court finds that such person would have qualified therefor if he had been convicted in this Commonwealth of a violation of § 18.2-266 or subsection A of § 46.2-341.24, the court may grant the petition and may issue an order in accordance with subsection E as to the period of license suspension or revocation imposed pursuant to § 46.2-389 or subsection A of § 46.2-391. The court (i) shall, as a condition of a restricted license, prohibit such person from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a period of time not to exceed the period of license suspension and restriction, not less than 12consecutive months without alcohol-related violations of interlock requirements, and (ii) may, upon request of such person and as a condition of a restricted license, require such person to use a remote alcohol monitoring device in accordance with the provisions of subsection E of § 18.2-270.1. Such order shall be conditioned upon the successful completion of a program by the petitioner. If the court subsequently finds that such person has violated any of the conditions set forth by the court, the court shall dispose of the case as if no program had been entered and shall notify the Commissioner, who shall revoke the person’s license in accordance with the provisions of § 46.2-389 or subsection A of § 46.2-391. A copy of the order granting the petition or subsequently revoking or suspending such person’s license to operate a motor vehicle shall be forthwith sent to the Commissioner of the Department of Motor Vehicles. The period of time during which the person (a) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system or (b) is required to use a remote alcohol monitoring device shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles.\n\t\t\tNo period of license suspension or revocation shall be imposed pursuant to this subsection which, when considered together with any period of license suspension or revocation previously imposed for the same offense under the law of another state or the United States, results in such person’s license being suspended for a period in excess of the maximum periods specified in this subsection.E\n\nExcept as otherwise provided herein, if a person enters a certified program pursuant to this section, and such person’s license to operate a motor vehicle, engine, or train in the Commonwealth has been suspended or revoked, or a person’s license to operate a motor vehicle, engine, or train in the Commonwealth has been suspended or revoked pursuant to former § 18.2-259.1 or 46.2-390.1, the court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle for any of the following purposes: (i) travel to and from his place of employment; (ii) travel to and from an alcohol rehabilitation or safety action program; (iii) travel during the hours of such person’s employment if the operation of a motor vehicle is a necessary incident of such employment; (iv) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; (v) travel for health care services, including medically necessary transportation of an elderly parent or, as designated by the court, any person residing in the person’s household with a serious medical problem upon written verification of need by a licensed health professional; (vi) travel necessary to transport a minor child under the care of such person to and from school, day care, and facilities housing medical service providers; (vii) travel to and from court-ordered visitation with a child of such person; (viii) travel to a screening, evaluation, and education program entered pursuant to § 18.2-251 or subsection H of § 18.2-258.1; (ix) travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation; (x) travel to and from a place of religious worship one day per week at a specified time and place; (xi) travel to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in an administrative or court-ordered intensive case monitoring program for child support for which the participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person; (xii) travel to and from jail to serve a sentence when such person has been convicted and sentenced to confinement in jail and pursuant to § 53.1-131.1 the time to be served is on weekends or nonconsecutive days; (xiii) travel to and from the facility that installed or monitors the ignition interlock in the person’s vehicle; (xiv) travel to and from a job interview for which he maintains on his person written proof from the prospective employer of the date, time, and location of the job interview; or (xv) travel to and from the offices of the Virginia Employment Commission for the purpose of seeking employment. However, (a) any such person who is eligible to receive a restricted license as provided in subsection C of § 18.2-270.1 or (b) any such person ordered to use a remote alcohol monitoring device pursuant to subsection E of § 18.2-270.1 who has a functioning, certified ignition interlock system as required by law may be issued a restricted permit to operate a motor vehicle for any lawful purpose. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.). The court shall order the surrender of such person’s license to operate a motor vehicle to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to the person so convicted who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, if the order provides for a restricted license for that time period. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 18.2-272. Such restricted license shall be conditioned upon enrollment within 15 days in, and successful completion of, a program as described in subsection A. No restricted license shall be issued during the first four months of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type described therein committed within 10 years of a first such offense. No restricted license shall be issued during the first year of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type described therein committed within five years of a first such offense. No restricted license shall be issued during any revocation period imposed pursuant to subsection C of § 18.2-271 or subsection B of § 46.2-391. Notwithstanding the provisions of § 46.2-411, the fee charged pursuant to § 46.2-411 for reinstatement of the driver’s license of any person whose privilege or license has been suspended or revoked as a result of a violation of § 18.2-266, subsection A of § 46.2-341.24 or of any ordinance of a county, city, or town, or of any federal law or the laws of any other state similar to the provisions of § 18.2-266 or subsection A of § 46.2-341.24 shall be $105. Forty dollars of such reinstatement fee shall be retained by the Department of Motor Vehicles as provided in § 46.2-411, $40 shall be transferred to the Commission on VASAP, and $25 shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund. Any person who is otherwise eligible to receive a restricted license issued in accordance with this subsection or as otherwise provided by law shall not be required to pay in full his fines and costs, as defined in § 19.2-354.1, before being issued such restricted license.F\n\nThe court shall have jurisdiction over any person entering such program under any provision of this section, or under any provision of § 46.2-392, 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.G\n\nFor the purposes of this section, any court that has convicted a person of a violation of § 18.2-266, subsection A of § 46.2-341.24, any ordinance of a county, city, or town similar to the provisions of § 18.2-266, or any reckless driving violation under Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 and such person was initially charged with 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, any ordinance of a county, city, or town similar to the provisions of § 18.2-266, or any reckless driving violation under Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 and such person was initially charged with 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.H\n\nThe 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.I\n\nThe Commission on VASAP, or any county, city, or 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. Such local independent policy board shall be chosen in accordance with procedures approved and promulgated by the Commission on VASAP. Such procedures shall provide that the board shall endeavor to select one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses and one local attorney for the Commonwealth to sit on such local independent policy board. 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.J\n\nNotwithstanding any other provisions of this section or of § 18.2-271, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).","order_by":null,"text":{"0":{"id":211662,"text":"Any 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 and may have such ignition interlock system installed. Any installation period of time accrued by such person prior to trial for the pending charge shall count toward any (i) ignition interlock or restricted license period of time ordered by a court or (ii) restricted license, suspension, or revocation issued by the Department of Motor Vehicles pursuant to § 46.2-389.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211663,"text":"The 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211664,"text":"Upon conviction of a violation of § 18.2-266 or any ordinance of a county, city or town similar to the provisions thereof, or subsection A of § 46.2-341.24, the court shall impose the sentence authorized by § 18.2-270 or 46.2-341.28 and the license revocation as authorized by § 18.2-271. In addition, if the conviction was for a second offense committed within less than 10 years after a first such offense, the court shall order that restoration of the person’s license to drive be conditioned upon the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100, owned by or registered to the person, in whole or in part, for a period of 12 consecutive months without alcohol-related violations of the interlock requirements beginning at the end of the three-year license revocation, unless such a system has already been installed for 12 consecutive months without alcohol-related violations of the interlock requirements prior to that time pursuant to a restricted license order under subsection E. Upon a finding that a person so convicted is required to participate in the program described herein, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to such program. The court may then proceed to issue an order in accordance with subsection E, if the court finds that the person so convicted is eligible for a restricted license. If the court finds good cause for a person not to participate in such program or subsequently that such person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered, in which event the revocation provisions of § 46.2-389 and subsection A of § 46.2-391 shall be applicable to the conviction. The court shall, upon final disposition of the case, send a copy of its order to the Commissioner of the Department of Motor Vehicles. If such order provides for the issuance of a restricted license, the Commissioner of the Department of Motor Vehicles, upon receipt thereof, shall issue a restricted license. The period of time during which the person (i) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system, (ii) is required to have an ignition interlock system installed on each motor vehicle owned by or registered to the person, in whole or in part, or (iii) is required to use a remote alcohol monitoring device shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles. Appeals from any such disposition shall be allowed as provided by law. The time within which an appeal may be taken shall be calculated from the date of the final disposition of the case or any motion for rehearing, whichever is later.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211665,"text":"Any person who has been convicted under the law of another state or the United States of an offense substantially similar to the provisions of § 18.2-266 or subsection A of § 46.2-341.24, and whose privilege to operate a motor vehicle in this Commonwealth is subject to revocation under the provisions of § 46.2-389 and subsection A of § 46.2-391, may petition the general district court of the county or city in which he resides that he be given probation and assigned to a program as provided in subsection A and that, upon entry into such program, he be issued an order in accordance with subsection E. If the court finds that such person would have qualified therefor if he had been convicted in this Commonwealth of a violation of § 18.2-266 or subsection A of § 46.2-341.24, the court may grant the petition and may issue an order in accordance with subsection E as to the period of license suspension or revocation imposed pursuant to § 46.2-389 or subsection A of § 46.2-391. The court (i) shall, as a condition of a restricted license, prohibit such person from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a period of time not to exceed the period of license suspension and restriction, not less than 12consecutive months without alcohol-related violations of interlock requirements, and (ii) may, upon request of such person and as a condition of a restricted license, require such person to use a remote alcohol monitoring device in accordance with the provisions of subsection E of § 18.2-270.1. Such order shall be conditioned upon the successful completion of a program by the petitioner. If the court subsequently finds that such person has violated any of the conditions set forth by the court, the court shall dispose of the case as if no program had been entered and shall notify the Commissioner, who shall revoke the person’s license in accordance with the provisions of § 46.2-389 or subsection A of § 46.2-391. A copy of the order granting the petition or subsequently revoking or suspending such person’s license to operate a motor vehicle shall be forthwith sent to the Commissioner of the Department of Motor Vehicles. The period of time during which the person (a) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system or (b) is required to use a remote alcohol monitoring device shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles.\n\t\t\tNo period of license suspension or revocation shall be imposed pursuant to this subsection which, when considered together with any period of license suspension or revocation previously imposed for the same offense under the law of another state or the United States, results in such person’s license being suspended for a period in excess of the maximum periods specified in this subsection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":211666,"text":"Except as otherwise provided herein, if a person enters a certified program pursuant to this section, and such person’s license to operate a motor vehicle, engine, or train in the Commonwealth has been suspended or revoked, or a person’s license to operate a motor vehicle, engine, or train in the Commonwealth has been suspended or revoked pursuant to former § 18.2-259.1 or 46.2-390.1, the court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle for any of the following purposes: (i) travel to and from his place of employment; (ii) travel to and from an alcohol rehabilitation or safety action program; (iii) travel during the hours of such person’s employment if the operation of a motor vehicle is a necessary incident of such employment; (iv) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; (v) travel for health care services, including medically necessary transportation of an elderly parent or, as designated by the court, any person residing in the person’s household with a serious medical problem upon written verification of need by a licensed health professional; (vi) travel necessary to transport a minor child under the care of such person to and from school, day care, and facilities housing medical service providers; (vii) travel to and from court-ordered visitation with a child of such person; (viii) travel to a screening, evaluation, and education program entered pursuant to § 18.2-251 or subsection H of § 18.2-258.1; (ix) travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation; (x) travel to and from a place of religious worship one day per week at a specified time and place; (xi) travel to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in an administrative or court-ordered intensive case monitoring program for child support for which the participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person; (xii) travel to and from jail to serve a sentence when such person has been convicted and sentenced to confinement in jail and pursuant to § 53.1-131.1 the time to be served is on weekends or nonconsecutive days; (xiii) travel to and from the facility that installed or monitors the ignition interlock in the person’s vehicle; (xiv) travel to and from a job interview for which he maintains on his person written proof from the prospective employer of the date, time, and location of the job interview; or (xv) travel to and from the offices of the Virginia Employment Commission for the purpose of seeking employment. However, (a) any such person who is eligible to receive a restricted license as provided in subsection C of § 18.2-270.1 or (b) any such person ordered to use a remote alcohol monitoring device pursuant to subsection E of § 18.2-270.1 who has a functioning, certified ignition interlock system as required by law may be issued a restricted permit to operate a motor vehicle for any lawful purpose. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.). The court shall order the surrender of such person’s license to operate a motor vehicle to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to the person so convicted who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, if the order provides for a restricted license for that time period. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 18.2-272. Such restricted license shall be conditioned upon enrollment within 15 days in, and successful completion of, a program as described in subsection A. No restricted license shall be issued during the first four months of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type described therein committed within 10 years of a first such offense. No restricted license shall be issued during the first year of a revocation imposed pursuant to subsection B of § 18.2-271 or subsection A of § 46.2-391 for a second offense of the type described therein committed within five years of a first such offense. No restricted license shall be issued during any revocation period imposed pursuant to subsection C of § 18.2-271 or subsection B of § 46.2-391. Notwithstanding the provisions of § 46.2-411, the fee charged pursuant to § 46.2-411 for reinstatement of the driver’s license of any person whose privilege or license has been suspended or revoked as a result of a violation of § 18.2-266, subsection A of § 46.2-341.24 or of any ordinance of a county, city, or town, or of any federal law or the laws of any other state similar to the provisions of § 18.2-266 or subsection A of § 46.2-341.24 shall be $105. Forty dollars of such reinstatement fee shall be retained by the Department of Motor Vehicles as provided in § 46.2-411, $40 shall be transferred to the Commission on VASAP, and $25 shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund. Any person who is otherwise eligible to receive a restricted license issued in accordance with this subsection or as otherwise provided by law shall not be required to pay in full his fines and costs, as defined in § 19.2-354.1, before being issued such restricted license.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":211667,"text":"The court shall have jurisdiction over any person entering such program under any provision of this section, or under any provision of § 46.2-392, 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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":211668,"text":"For the purposes of this section, any court that has convicted a person of a violation of § 18.2-266, subsection A of § 46.2-341.24, any ordinance of a county, city, or town similar to the provisions of § 18.2-266, or any reckless driving violation under Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 and such person was initially charged with 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, any ordinance of a county, city, or town similar to the provisions of § 18.2-266, or any reckless driving violation under Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 and such person was initially charged with 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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":211669,"text":"The 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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":211670,"text":"The Commission on VASAP, or any county, city, or 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. Such local independent policy board shall be chosen in accordance with procedures approved and promulgated by the Commission on VASAP. Such procedures shall provide that the board shall endeavor to select one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses and one local attorney for the Commonwealth to sit on such local independent policy board. 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.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":211671,"text":"Notwithstanding any other provisions of this section or of § 18.2-271, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13849,"edition_id":1,"name":"Driving Motor Vehicle, etc., While Intoxicated","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:04","date_modified":"2026-06-26 03:46:04","permalink":{"id":166823,"object_type":"structure","relational_id":13849,"identifier":"2","token":"18.2\/7\/2","url":"\/18.2\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67410,"structure_id":13849,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","url":"\/18.2-266\/","token":"18.2\/7\/2\/18.2-266","metadata":false},{"id":63203,"structure_id":13849,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","url":"\/18.2-266.1\/","token":"18.2\/7\/2\/18.2-266.1","metadata":false},{"id":58511,"structure_id":13849,"section_number":"18.2-267","catch_line":"Preliminary analysis of breath to determine alcoholic content of blood","url":"\/18.2-267\/","token":"18.2\/7\/2\/18.2-267","metadata":false},{"id":61872,"structure_id":13849,"section_number":"18.2-268","catch_line":"Repealed","url":"\/18.2-268\/","token":"18.2\/7\/2\/18.2-268","metadata":false},{"id":63409,"structure_id":13849,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","url":"\/18.2-268.1\/","token":"18.2\/7\/2\/18.2-268.1","metadata":false},{"id":77586,"structure_id":13849,"section_number":"18.2-268.10","catch_line":"Evidence of violation of driving under the influence offenses","url":"\/18.2-268.10\/","token":"18.2\/7\/2\/18.2-268.10","metadata":false},{"id":60331,"structure_id":13849,"section_number":"18.2-268.11","catch_line":"Substantial compliance","url":"\/18.2-268.11\/","token":"18.2\/7\/2\/18.2-268.11","metadata":false},{"id":55454,"structure_id":13849,"section_number":"18.2-268.12","catch_line":"Ordinances","url":"\/18.2-268.12\/","token":"18.2\/7\/2\/18.2-268.12","metadata":false},{"id":74659,"structure_id":13849,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","url":"\/18.2-268.2\/","token":"18.2\/7\/2\/18.2-268.2","metadata":false},{"id":54870,"structure_id":13849,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","url":"\/18.2-268.3\/","token":"18.2\/7\/2\/18.2-268.3","metadata":false},{"id":80937,"structure_id":13849,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","url":"\/18.2-268.4\/","token":"18.2\/7\/2\/18.2-268.4","metadata":false},{"id":75295,"structure_id":13849,"section_number":"18.2-268.5","catch_line":"Qualifications and liability of persons authorized to take blood sample; procedure for taking samples","url":"\/18.2-268.5\/","token":"18.2\/7\/2\/18.2-268.5","metadata":false},{"id":69540,"structure_id":13849,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","url":"\/18.2-268.6\/","token":"18.2\/7\/2\/18.2-268.6","metadata":false},{"id":84208,"structure_id":13849,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","url":"\/18.2-268.7\/","token":"18.2\/7\/2\/18.2-268.7","metadata":false},{"id":71519,"structure_id":13849,"section_number":"18.2-268.8","catch_line":"Fees","url":"\/18.2-268.8\/","token":"18.2\/7\/2\/18.2-268.8","metadata":false},{"id":72188,"structure_id":13849,"section_number":"18.2-268.9","catch_line":"Assurance of breath-test validity; use of breath-test results as evidence","url":"\/18.2-268.9\/","token":"18.2\/7\/2\/18.2-268.9","metadata":false},{"id":71034,"structure_id":13849,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","url":"\/18.2-269\/","token":"18.2\/7\/2\/18.2-269","metadata":false},{"id":75350,"structure_id":13849,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","url":"\/18.2-270\/","token":"18.2\/7\/2\/18.2-270","metadata":false},{"id":81046,"structure_id":13849,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","url":"\/18.2-270.01\/","token":"18.2\/7\/2\/18.2-270.01","metadata":false},{"id":81550,"structure_id":13849,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","url":"\/18.2-270.1\/","token":"18.2\/7\/2\/18.2-270.1","metadata":false},{"id":81628,"structure_id":13849,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","url":"\/18.2-270.2\/","token":"18.2\/7\/2\/18.2-270.2","metadata":false},{"id":80969,"structure_id":13849,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","url":"\/18.2-271\/","token":"18.2\/7\/2\/18.2-271","metadata":false},{"id":57797,"structure_id":13849,"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","url":"\/18.2-271.1\/","token":"18.2\/7\/2\/18.2-271.1","metadata":false},{"id":74018,"structure_id":13849,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","url":"\/18.2-271.2\/","token":"18.2\/7\/2\/18.2-271.2","metadata":false},{"id":85453,"structure_id":13849,"section_number":"18.2-271.3","catch_line":"Repealed","url":"\/18.2-271.3\/","token":"18.2\/7\/2\/18.2-271.3","metadata":false},{"id":60570,"structure_id":13849,"section_number":"18.2-271.4","catch_line":"Oath of office","url":"\/18.2-271.4\/","token":"18.2\/7\/2\/18.2-271.4","metadata":false},{"id":79130,"structure_id":13849,"section_number":"18.2-271.5","catch_line":"Restricted permits to operate a motor vehicle; ignition interlock systems","url":"\/18.2-271.5\/","token":"18.2\/7\/2\/18.2-271.5","metadata":false},{"id":70219,"structure_id":13849,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","url":"\/18.2-272\/","token":"18.2\/7\/2\/18.2-272","metadata":false},{"id":75028,"structure_id":13849,"section_number":"18.2-273","catch_line":"Report of conviction to Department of Motor Vehicles","url":"\/18.2-273\/","token":"18.2\/7\/2\/18.2-273","metadata":false}],"previous_section":{"id":80969,"structure_id":13849,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","url":"\/18.2-271\/","token":"18.2\/7\/2\/18.2-271","metadata":false},"next_section":{"id":74018,"structure_id":13849,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","url":"\/18.2-271.2\/","token":"18.2\/7\/2\/18.2-271.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-271.1\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 601 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 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 38 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 1976, chapters 612 and 691; in 1977, chapter 240; in 1978, chapter 352; in 1979, chapter 353; in 1980, chapter 589; in 1981, chapter 195; in 1982, chapter 301; in 1983, chapter 504; in 1984, chapter 778; in 1986, chapters 552 and 590; in 1987, chapters 465 and 663; in 1988, chapters 781, 858, 859, and 888; in 1989, chapter 705; in 1990, chapter 949; in 1991, chapters 131 and 491; in 1992, chapter 559; in 1993, chapters 527 and 919; in 1994, chapters 359<\/a>, 363<\/a>, and 870<\/a>; in 1996, chapter 984<\/a>; in 1997, chapters 472<\/a> and 508<\/a>; in 1998, chapter 703<\/a>; in 1999, chapter 743<\/a>; in 2000, chapters 958<\/a>, 970<\/a>, and 980<\/a>; in 2001, chapters 182<\/a>, 645<\/a>, and 779<\/a>; in 2002, chapter 806<\/a>; in 2003, chapter 290<\/a>; in 2004, chapter 720<\/a>; in 2007, chapters 194<\/a> and 553<\/a>; in 2009, chapter 295<\/a>; in 2010, chapters 446<\/a> and 682<\/a>; in 2011, chapter 592<\/a>; in 2012, chapters 141<\/a> and 570<\/a>; in 2014, chapter 707<\/a>; in 2015, chapters 506<\/a> and 729<\/a>; in 2017, chapters 499<\/a> and 701<\/a>; in 2020, chapter 1007<\/a>; in 2023, chapters 561<\/a> and 562<\/a>; in 2025, chapters 320<\/a> and 343<\/a>.<\/p>","references":[{"id":62708,"section_number":"16.1-278.5","catch_line":"Children in need of supervision","order_by":null,"url":"\/16.1-278.5\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":62047,"section_number":"16.1-291","catch_line":"Revocation or modification of probation, protective supervision or parole; proceedings; disposition","order_by":null,"url":"\/16.1-291\/"},{"id":61806,"section_number":"16.1-69.48","catch_line":"Fees and fines","order_by":null,"url":"\/16.1-69.48\/"},{"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":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"id":71519,"section_number":"18.2-268.8","catch_line":"Fees","order_by":null,"url":"\/18.2-268.8\/"},{"id":81550,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","order_by":null,"url":"\/18.2-270.1\/"},{"id":80969,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","order_by":null,"url":"\/18.2-271\/"},{"id":79130,"section_number":"18.2-271.5","catch_line":"Restricted permits to operate a motor vehicle; ignition interlock systems","order_by":null,"url":"\/18.2-271.5\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":71480,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","order_by":null,"url":"\/19.2-299.2\/"},{"id":74496,"section_number":"22.1-178","catch_line":"Requirements for persons employed to drive school buses","order_by":null,"url":"\/22.1-178\/"},{"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":54237,"section_number":"46.2-301","catch_line":"Driving while license, permit, or privilege to drive suspended or revoked","order_by":null,"url":"\/46.2-301\/"},{"id":81751,"section_number":"46.2-320.1","catch_line":"Other grounds for suspension; nonpayment of child support","order_by":null,"url":"\/46.2-320.1\/"},{"id":66576,"section_number":"46.2-329","catch_line":"Special restrictions on particular licensees","order_by":null,"url":"\/46.2-329\/"},{"id":54013,"section_number":"46.2-334.001","catch_line":"Court to suspend driver's license issued to certain minors","order_by":null,"url":"\/46.2-334.001\/"},{"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\/"},{"id":59065,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions","order_by":null,"url":"\/46.2-389\/"},{"id":72043,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","order_by":null,"url":"\/46.2-391\/"},{"id":83723,"section_number":"46.2-391.01","catch_line":"Administrative enforcement of ignition interlock requirements","order_by":null,"url":"\/46.2-391.01\/"},{"id":66643,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","order_by":null,"url":"\/46.2-391.2\/"},{"id":62771,"section_number":"46.2-392","catch_line":"Suspension of license or issuance of a restricted license on conviction of certain offenses; probationary conditions required; generally","order_by":null,"url":"\/46.2-392\/"},{"id":72292,"section_number":"46.2-393","catch_line":"(Effective July 1, 2026) Suspension of license on conviction of certain reckless offenses; restricted licenses","order_by":null,"url":"\/46.2-393\/"},{"id":74474,"section_number":"46.2-396.1","catch_line":"Conviction of serious driving offense","order_by":null,"url":"\/46.2-396.1\/"},{"id":73385,"section_number":"46.2-410.1","catch_line":"Judicial review of revocation or suspension by Commissioner","order_by":null,"url":"\/46.2-410.1\/"},{"id":60308,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","order_by":null,"url":"\/46.2-411\/"},{"id":86068,"section_number":"46.2-411.1","catch_line":"Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated","order_by":null,"url":"\/46.2-411.1\/"},{"id":63779,"section_number":"46.2-427","catch_line":"When suspensions to remain effective; relief from furnishing proof of financial responsibility; prohibition against registration in name of another person","order_by":null,"url":"\/46.2-427\/"},{"id":80312,"section_number":"46.2-499","catch_line":"Driver's license probation","order_by":null,"url":"\/46.2-499\/"}],"refers_to":[{"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":61427,"section_number":"18.2-258.1","catch_line":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","order_by":null,"url":"\/18.2-258.1\/"},{"id":72470,"section_number":"18.2-259.1","catch_line":"Repealed","order_by":null,"url":"\/18.2-259.1\/"},{"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":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":81550,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","order_by":null,"url":"\/18.2-270.1\/"},{"id":80969,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","order_by":null,"url":"\/18.2-271\/"},{"id":74018,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","order_by":null,"url":"\/18.2-271.2\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":55661,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","order_by":null,"url":"\/19.2-354.1\/"},{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":62139,"section_number":"46.2-341.1","catch_line":"Title","order_by":null,"url":"\/46.2-341.1\/"},{"id":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"},{"id":75919,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/46.2-341.28\/"},{"id":59065,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions","order_by":null,"url":"\/46.2-389\/"},{"id":74877,"section_number":"46.2-390.1","catch_line":"Repealed","order_by":null,"url":"\/46.2-390.1\/"},{"id":72043,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","order_by":null,"url":"\/46.2-391\/"},{"id":62771,"section_number":"46.2-392","catch_line":"Suspension of license or issuance of a restricted license on conviction of certain offenses; probationary conditions required; generally","order_by":null,"url":"\/46.2-392\/"},{"id":73682,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","order_by":null,"url":"\/46.2-398\/"},{"id":60308,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","order_by":null,"url":"\/46.2-411\/"},{"id":81167,"section_number":"46.2-852","catch_line":"Reckless driving; general rule","order_by":null,"url":"\/46.2-852\/"},{"id":76097,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","order_by":null,"url":"\/53.1-131.1\/"}],"permalink":{"id":166913,"object_type":"law","relational_id":57797,"identifier":"18.2-271.1","token":"18.2\/7\/2\/18.2-271.1","url":"\/18.2-271.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-271.1\/","token":"18.2\/7\/2\/18.2-271.1","dublin_core":{"Title":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-271.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person convicted of a first or second offense<\/span> of § 18.2-266<\/a>, or any ordinance<\/span> of a county, city, or town similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24<\/a>, shall be required by court order<\/span>, as a condition of probation<\/span> 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<\/span> of a person convicted of any such offense<\/span> 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<\/a>. However, any person charged with a violation of a first or second offense<\/span> of § 18.2-266<\/a>, or any ordinance<\/span> of a county, city, or town similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24<\/a>, may, at any time prior to trial<\/span>, 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<\/span> may pre-qualify with the program to have an ignition interlock system installed on any motor vehicle<\/span> owned or operated by him and may have such ignition interlock system installed. Any installation period of time accrued by such person prior to trial<\/span> for the pending charge shall count toward any (i) ignition interlock or restricted license period of time ordered by a court or (ii) restricted license, suspension, or revocation<\/span> issued by the Department of Motor Vehicles<\/span> pursuant to § 46.2-389<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The 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<\/span> that the defendant<\/span> is indigent<\/span>, the court may reduce or waive<\/span> the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants<\/span> referred for intervention under any such program may be charged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon conviction<\/span> of a violation of § 18.2-266<\/a> or any ordinance<\/span> of a county, city or town similar to the provisions thereof, or subsection A of § 46.2-341.24<\/a>, the court shall impose the sentence authorized by § 18.2-270<\/a> or 46.2-341.28<\/a> and the license revocation<\/span> as authorized by § 18.2-271<\/a>. In addition, if the conviction<\/span> was for a second offense<\/span> committed within less than 10 years after a first such offense<\/span>, the court shall order that restoration of the person’s license to drive be conditioned upon the installation of an ignition interlock system on each motor vehicle<\/span>, as defined in § 46.2-100<\/a>, owned by or registered to the person, in whole or in part, for a period of 12 consecutive months without alcohol-related violations of the interlock requirements beginning at the end of the three-year license revocation<\/span>, unless such a system has already been installed for 12 consecutive months without alcohol-related violations of the interlock requirements prior to that time pursuant to a restricted license order under subsection E. Upon a finding<\/span> that a person so convicted is required to participate in the program described herein, the court shall enter the conviction<\/span> on the warrant, and shall note that the person so convicted has been referred to such program. The court may then proceed to issue<\/span> an order in accordance with subsection E, if the court finds that the person so convicted is eligible for a restricted license. If the court finds good cause for a person not to participate in such program or subsequently that such person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered, in which event the revocation<\/span> provisions of § 46.2-389<\/a> and subsection A of § 46.2-391<\/a> shall be applicable to the conviction<\/span>. The court shall, upon final disposition<\/span> of the case, send a copy of its order to the Commissioner of the Department of Motor Vehicles<\/span>. If such order provides for the issuance of a restricted license, the Commissioner of the Department of Motor Vehicles<\/span>, upon receipt thereof, shall issue<\/span> a restricted license. The period of time during which the person (i) is prohibited from operating a motor vehicle<\/span> that is not equipped with an ignition interlock system, (ii) is required to have an ignition interlock system installed on each motor vehicle<\/span> owned by or registered to the person, in whole or in part, or (iii) is required to use a remote alcohol monitoring device shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles<\/span>. Appeals<\/span> from any such disposition<\/span> shall be allowed as provided by law<\/span>. The time within which an appeal<\/span> may be taken shall be calculated from the date of the final disposition<\/span> of the case or any motion<\/span> for rehearing, whichever is later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person who has been convicted under the law<\/span> of another state or the United States of an offense<\/span> substantially similar to the provisions of § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a>, and whose privilege<\/span> to operate a motor vehicle in this Commonwealth is subject to revocation<\/span> under the provisions of § 46.2-389<\/a> and subsection A of § 46.2-391<\/a>, may petition<\/span> the general district court of the county or city in which he resides that he be given probation<\/span> and assigned to a program as provided in subsection A and that, upon entry into such program, he be issued an order in accordance with subsection E. If the court finds that such person would have qualified therefor if he had been convicted in this Commonwealth of a violation of § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a>, the court may grant the petition<\/span> and may issue<\/span> an order in accordance with subsection E as to the period of license suspension or revocation<\/span> imposed pursuant to § 46.2-389<\/a> or subsection A of § 46.2-391<\/a>. The court (i) shall, as a condition of a restricted license, prohibit such person from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a period of time not to exceed the period of license suspension and restriction, not less than 12consecutive months without alcohol-related violations of interlock requirements, and (ii) may, upon request of such person and as a condition of a restricted license, require such person to use a remote alcohol monitoring device in accordance with the provisions of subsection E of § 18.2-270.1<\/a>. Such order shall be conditioned upon the successful completion of a program by the petitioner. If the court subsequently finds that such person has violated any of the conditions set forth by the court, the court shall dispose of the case as if no program had been entered and shall notify the Commissioner, who shall revoke the person’s license in accordance with the provisions of § 46.2-389<\/a> or subsection A of § 46.2-391<\/a>. A copy of the order granting the petition<\/span> or subsequently revoking or suspending such person’s license to operate a motor vehicle<\/span> shall be forthwith sent to the Commissioner of the Department of Motor Vehicles<\/span>. The period of time during which the person (a) is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system or (b) is required to use a remote alcohol monitoring device shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles<\/span>.\n\t\t\tNo period of license suspension or revocation<\/span> shall be imposed pursuant to this subsection which, when considered together with any period of license suspension or revocation<\/span> previously imposed for the same offense<\/span> under the law<\/span> of another state or the United States, results in such person’s license being suspended for a period in excess of the maximum periods specified in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Except as otherwise provided herein, if a person enters a certified program pursuant to this section, and such person’s license to operate a motor vehicle<\/span>, engine, or train in the Commonwealth has been suspended or revoked, or a person’s license to operate a motor vehicle<\/span>, engine, or train in the Commonwealth has been suspended or revoked pursuant to former § 18.2-259.1<\/a> or 46.2-390.1<\/a>, the court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle for any of the following purposes: (i) travel to and from his place of employment; (ii) travel to and from an alcohol rehabilitation or safety action program; (iii) travel during the hours of such person’s employment if the operation of a motor vehicle is a necessary incident of such employment; (iv) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; (v) travel for health care services, including medically necessary transportation of an elderly parent or, as designated by the court, any person residing in the person’s household with a serious medical problem upon written verification of need by a licensed health professional; (vi) travel necessary to transport a minor<\/span> child under the care of such person to and from school, day care, and facilities housing medical service providers; (vii) travel to and from court-ordered visitation with a child of such person; (viii) travel to a screening, evaluation, and education program entered pursuant to § 18.2-251<\/a> or subsection H of § 18.2-258.1<\/a>; (ix) travel to and from court appearances<\/span> in which he is a subpoenaed witness<\/span> or a party<\/span> and appointments with his probation officer<\/span> and to and from any programs required by the court or as a condition of probation; (x) travel to and from a place of religious worship one day per week at a specified time and place; (xi) travel to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in an administrative or court-ordered intensive case monitoring program for child support for which the participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person; (xii) travel to and from jail to serve a sentence when such person has been convicted and sentenced to confinement in jail and pursuant to § 53.1-131.1<\/a> the time to be served is on weekends or nonconsecutive days; (xiii) travel to and from the facility that installed or monitors the ignition interlock in the person’s vehicle; (xiv) travel to and from a job interview for which he maintains on his person written proof from the prospective employer of the date, time, and location of the job interview; or (xv) travel to and from the offices of the Virginia Employment Commission for the purpose of seeking employment. However, (a) any such person who is eligible to receive a restricted license as provided in subsection C of § 18.2-270.1<\/a> or (b) any such person ordered to use a remote alcohol monitoring device pursuant to subsection E of § 18.2-270.1<\/a> who has a functioning, certified ignition interlock system as required by law<\/span> may be issued a restricted permit to operate a motor vehicle for any lawful purpose. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1<\/a> et seq.). The court shall order the surrender of such person’s license to operate a motor vehicle<\/span> to be disposed of in accordance with the provisions of § 46.2-398<\/a> and shall forward to the Commissioner of the Department of Motor Vehicles<\/span> a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to the person so convicted who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles<\/span> of a restricted license, if the order provides for a restricted license for that time period. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 18.2-272<\/a>. Such restricted license shall be conditioned upon enrollment within 15 days in, and successful completion of, a program as described in subsection A. No restricted license shall be issued during the first four months of a revocation<\/span> imposed pursuant to subsection B of § 18.2-271<\/a> or subsection A of § 46.2-391<\/a> for a second offense<\/span> of the type described therein committed within 10 years of a first such offense<\/span>. No restricted license shall be issued during the first year of a revocation<\/span> imposed pursuant to subsection B of § 18.2-271<\/a> or subsection A of § 46.2-391<\/a> for a second offense<\/span> of the type described therein committed within five years of a first such offense<\/span>. No restricted license shall be issued during any revocation<\/span> period imposed pursuant to subsection C of § 18.2-271<\/a> or subsection B of § 46.2-391<\/a>. Notwithstanding the provisions of § 46.2-411<\/a>, the fee charged pursuant to § 46.2-411<\/a> for reinstatement of the driver’s license of any person whose privilege<\/span> or license has been suspended or revoked as a result of a violation of § 18.2-266<\/a>, subsection A of § 46.2-341.24<\/a> or of any ordinance<\/span> of a county, city, or town, or of any federal law<\/span> or the laws<\/span> of any other state similar to the provisions of § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a> shall be $105. Forty dollars of such reinstatement fee shall be retained by the Department of Motor Vehicles<\/span> as provided in § 46.2-411<\/a>, $40 shall be transferred to the Commission on VASAP, and $25 shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund. Any person who is otherwise eligible to receive a restricted license issued in accordance with this subsection or as otherwise provided by law<\/span> shall not be required to pay in full his fines and costs, as defined in § 19.2-354.1<\/a>, before being issued such restricted license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The court shall have jurisdiction<\/span> over any person entering such program under any provision of this section, or under any provision of § 46.2-392<\/a>, until such time as the case has been disposed of by either successful completion of the program, or revocation<\/span> due to ineligibility or violation of a condition or conditions imposed by the court, whichever shall first occur. Revocation<\/span> proceedings shall be commenced by notice to show cause why the court should not revoke the privilege<\/span> 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<\/span> of such privilege<\/span>. Notice of revocation<\/span> under this subsection shall be sent forthwith to the Commissioner of the Department of Motor Vehicles<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For the purposes of this section, any court that has convicted a person of a violation of § 18.2-266<\/a>, subsection A of § 46.2-341.24<\/a>, any ordinance<\/span> of a county, city, or town similar to the provisions of § 18.2-266<\/a>, or any reckless driving<\/span> violation under Article 7 (§ 46.2-852<\/a> et seq.) of Chapter 8 of Title 46.2 and such person was initially charged with a violation of § 18.2-266<\/a>, subsection A of § 46.2-341.24<\/a>, or any ordinance<\/span> of a county, city, or town similar to the provisions of § 18.2-266<\/a> shall have continuing jurisdiction<\/span> over such person during any period of license revocation<\/span> related to that conviction<\/span>, 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<\/span>. This continuing jurisdiction<\/span> is subject to the limitations of subsection E that provide that no restricted license shall be issued during a revocation<\/span> imposed pursuant to subsection C of § 18.2-271<\/a> or subsection B of § 46.2-391<\/a> or during the first four months or first year, whichever is applicable, of the revocation<\/span> imposed pursuant to subsection B of § 18.2-271<\/a> or subsection A of § 46.2-391<\/a>. The provisions of this subsection shall apply to a person convicted of a violation of § 18.2-266<\/a>, subsection A of § 46.2-341.24<\/a>, any ordinance<\/span> of a county, city, or town similar to the provisions of § 18.2-266<\/a>, or any reckless driving<\/span> violation under Article 7 (§ 46.2-852<\/a> et seq.) of Chapter 8 of Title 46.2 and such person was initially charged with a violation of § 18.2-266<\/a>, subsection A of § 46.2-341.24<\/a>, or any ordinance<\/span> of a county, city, or town similar to the provisions of § 18.2-266<\/a> on, after and at any time prior to July 1, 2003. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Commission on VASAP, or any county, city, or 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. Such local independent policy board shall be chosen in accordance with procedures approved and promulgated by the Commission on VASAP. Such procedures shall provide that the board shall endeavor to select one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses<\/span> and one local attorney for the Commonwealth to sit on such local independent policy board. Local sitting or retired district court judges<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Notwithstanding any other provisions of this section or of § 18.2-271<\/a>, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROBATION, EDUCATION, AND REHABILITATION OF PERSON CHARGED OR CONVICTED; PERSON\nCONVICTED UNDER LAW OF ANOTHER STATE OR FEDERAL LAW (\u00a7 18.2-271.1)\n\nA. Any person convicted of a first or second offense of § 18.2-266, or any\nordinance of a county, city, or town similar to the provisions thereof, or\nprovisions of subsection A of § 46.2-341.24, shall be required by court\norder, as a condition of probation or otherwise, to enter into and successfully\ncomplete an alcohol safety action program in the judicial district in which such\ncharge is brought or in any other judicial district upon such terms and\nconditions as the court may set forth. However, upon motion of a person\nconvicted of any such offense following an assessment of the person conducted by\nan alcohol safety action program, the court, for good cause, may decline to\norder participation in such a program if the assessment by the alcohol safety\naction program indicates that intervention is not appropriate for such person.\nIn no event shall such persons be permitted to enter any such program which is\nnot certified as meeting minimum standards and criteria established by the\nCommission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to\nthis section and to § 18.2-271.2. However, any person charged with a\nviolation of a first or second offense of § 18.2-266, or any ordinance of a\ncounty, city, or town similar to the provisions thereof, or provisions of\nsubsection A of § 46.2-341.24, may, at any time prior to trial, enter into\nan alcohol safety action program in the judicial district in which such charge\nis brought or in any other judicial district. Any person who enters into such\nprogram prior to trial may pre-qualify with the program to have an ignition\ninterlock system installed on any motor vehicle owned or operated by him and may\nhave such ignition interlock system installed. Any installation period of time\naccrued by such person prior to trial for the pending charge shall count toward\nany (i) ignition interlock or restricted license period of time ordered by a\ncourt or (ii) restricted license, suspension, or revocation issued by the\nDepartment of Motor Vehicles pursuant to § 46.2-389.\n\nB. The court shall require the person entering such program under the provisions\nof this section to pay a fee of no less than $250 but no more than $300. A\nreasonable portion of such fee, as may be determined by the Commission on VASAP,\nbut not to exceed 10 percent, shall be forwarded monthly to be deposited with\nthe State Treasurer for expenditure by the Commission on VASAP, and the balance\nshall be held in a separate fund for local administration of driver alcohol\nrehabilitation programs. Upon a positive finding that the defendant is indigent,\nthe court may reduce or waive the fee. In addition to the costs of the\nproceeding, fees as may reasonably be required of defendants referred for\nintervention under any such program may be charged.\n\nC. Upon conviction of a violation of § 18.2-266 or any ordinance of a\ncounty, city or town similar to the provisions thereof, or subsection A of\n§ 46.2-341.24, the court shall impose the sentence authorized by §\n18.2-270 or 46.2-341.28 and the license revocation as authorized by §\n18.2-271. In addition, if the conviction was for a second offense committed\nwithin less than 10 years after a first such offense, the court shall order that\nrestoration of the person’s license to drive be conditioned upon the\ninstallation of an ignition interlock system on each motor vehicle, as defined\nin § 46.2-100, owned by or registered to the person, in whole or in part,\nfor a period of 12 consecutive months without alcohol-related violations of the\ninterlock requirements beginning at the end of the three-year license\nrevocation, unless such a system has already been installed for 12 consecutive\nmonths without alcohol-related violations of the interlock requirements prior to\nthat time pursuant to a restricted license order under subsection E. Upon a\nfinding that a person so convicted is required to participate in the program\ndescribed herein, the court shall enter the conviction on the warrant, and shall\nnote that the person so convicted has been referred to such program. The court\nmay then proceed to issue an order in accordance with subsection E, if the court\nfinds that the person so convicted is eligible for a restricted license. If the\ncourt finds good cause for a person not to participate in such program or\nsubsequently that such person has violated, without good cause, any of the\nconditions set forth by the court in entering the program, the court shall\ndispose of the case as if no program had been entered, in which event the\nrevocation provisions of § 46.2-389 and subsection A of § 46.2-391\nshall be applicable to the conviction. The court shall, upon final disposition\nof the case, send a copy of its order to the Commissioner of the Department of\nMotor Vehicles. If such order provides for the issuance of a restricted license,\nthe Commissioner of the Department of Motor Vehicles, upon receipt thereof,\nshall issue a restricted license. The period of time during which the person (i)\nis prohibited from operating a motor vehicle that is not equipped with an\nignition interlock system, (ii) is required to have an ignition interlock system\ninstalled on each motor vehicle owned by or registered to the person, in whole\nor in part, or (iii) is required to use a remote alcohol monitoring device shall\nbe calculated from the date the person is issued a restricted license by the\ncourt; however, such period of time shall be tolled upon the expiration of the\nrestricted license issued by the court until such time as the person is issued a\nrestricted license by the Department of Motor Vehicles. Appeals from any such\ndisposition shall be allowed as provided by law. The time within which an appeal\nmay be taken shall be calculated from the date of the final disposition of the\ncase or any motion for rehearing, whichever is later.\n\nD. Any person who has been convicted under the law of another state or the\nUnited States of an offense substantially similar to the provisions of §\n18.2-266 or subsection A of § 46.2-341.24, and whose privilege to operate a\nmotor vehicle in this Commonwealth is subject to revocation under the provisions\nof § 46.2-389 and subsection A of § 46.2-391, may petition the general\ndistrict court of the county or city in which he resides that he be given\nprobation and assigned to a program as provided in subsection A and that, upon\nentry into such program, he be issued an order in accordance with subsection E.\nIf the court finds that such person would have qualified therefor if he had been\nconvicted in this Commonwealth of a violation of § 18.2-266 or subsection A\nof § 46.2-341.24, the court may grant the petition and may issue an order\nin accordance with subsection E as to the period of license suspension or\nrevocation imposed pursuant to § 46.2-389 or subsection A of §\n46.2-391. The court (i) shall, as a condition of a restricted license, prohibit\nsuch person from operating a motor vehicle that is not equipped with a\nfunctioning, certified ignition interlock system for a period of time not to\nexceed the period of license suspension and restriction, not less than\n12consecutive months without alcohol-related violations of interlock\nrequirements, and (ii) may, upon request of such person and as a condition of a\nrestricted license, require such person to use a remote alcohol monitoring\ndevice in accordance with the provisions of subsection E of § 18.2-270.1.\nSuch order shall be conditioned upon the successful completion of a program by\nthe petitioner. If the court subsequently finds that such person has violated\nany of the conditions set forth by the court, the court shall dispose of the\ncase as if no program had been entered and shall notify the Commissioner, who\nshall revoke the person’s license in accordance with the provisions of\n§ 46.2-389 or subsection A of § 46.2-391. A copy of the order granting\nthe petition or subsequently revoking or suspending such person’s license\nto operate a motor vehicle shall be forthwith sent to the Commissioner of the\nDepartment of Motor Vehicles. The period of time during which the person (a) is\nprohibited from operating a motor vehicle that is not equipped with an ignition\ninterlock system or (b) is required to use a remote alcohol monitoring device\nshall be calculated from the date the person is issued a restricted license by\nthe court; however, such period of time shall be tolled upon the expiration of\nthe restricted license issued by the court until such time as the person is\nissued a restricted license by the Department of Motor Vehicles.\n\t\t\tNo period of license suspension or revocation shall be imposed pursuant to\nthis subsection which, when considered together with any period of license\nsuspension or revocation previously imposed for the same offense under the law\nof another state or the United States, results in such person’s license\nbeing suspended for a period in excess of the maximum periods specified in this\nsubsection.\n\nE. Except as otherwise provided herein, if a person enters a certified program\npursuant to this section, and such person’s license to operate a motor\nvehicle, engine, or train in the Commonwealth has been suspended or revoked, or\na person’s license to operate a motor vehicle, engine, or train in the\nCommonwealth has been suspended or revoked pursuant to former § 18.2-259.1\nor 46.2-390.1, the court may, in its discretion and for good cause shown,\nprovide that such person be issued a restricted permit to operate a motor\nvehicle for any of the following purposes: (i) travel to and from his place of\nemployment; (ii) travel to and from an alcohol rehabilitation or safety action\nprogram; (iii) travel during the hours of such person’s employment if the\noperation of a motor vehicle is a necessary incident of such employment; (iv)\ntravel to and from school if such person is a student, upon proper written\nverification to the court that such person is enrolled in a continuing program\nof education; (v) travel for health care services, including medically necessary\ntransportation of an elderly parent or, as designated by the court, any person\nresiding in the person’s household with a serious medical problem upon\nwritten verification of need by a licensed health professional; (vi) travel\nnecessary to transport a minor child under the care of such person to and from\nschool, day care, and facilities housing medical service providers; (vii) travel\nto and from court-ordered visitation with a child of such person; (viii) travel\nto a screening, evaluation, and education program entered pursuant to §\n18.2-251 or subsection H of § 18.2-258.1; (ix) travel to and from court\nappearances in which he is a subpoenaed witness or a party and appointments with\nhis probation officer and to and from any programs required by the court or as a\ncondition of probation; (x) travel to and from a place of religious worship one\nday per week at a specified time and place; (xi) travel to and from appointments\napproved by the Division of Child Support Enforcement of the Department of\nSocial Services as a requirement of participation in an administrative or\ncourt-ordered intensive case monitoring program for child support for which the\nparticipant maintains written proof of the appointment, including written proof\nof the date and time of the appointment, on his person; (xii) travel to and from\njail to serve a sentence when such person has been convicted and sentenced to\nconfinement in jail and pursuant to § 53.1-131.1 the time to be served is\non weekends or nonconsecutive days; (xiii) travel to and from the facility that\ninstalled or monitors the ignition interlock in the person’s vehicle;\n(xiv) travel to and from a job interview for which he maintains on his person\nwritten proof from the prospective employer of the date, time, and location of\nthe job interview; or (xv) travel to and from the offices of the Virginia\nEmployment Commission for the purpose of seeking employment. However, (a) any\nsuch person who is eligible to receive a restricted license as provided in\nsubsection C of § 18.2-270.1 or (b) any such person ordered to use a remote\nalcohol monitoring device pursuant to subsection E of § 18.2-270.1 who has\na functioning, certified ignition interlock system as required by law may be\nissued a restricted permit to operate a motor vehicle for any lawful purpose. No\nrestricted license issued pursuant to this subsection shall permit any person to\noperate a commercial motor vehicle as defined in the Virginia Commercial\nDriver’s License Act (§ 46.2-341.1 et seq.). The court shall order\nthe surrender of such person’s license to operate a motor vehicle to be\ndisposed of in accordance with the provisions of § 46.2-398 and shall\nforward to the Commissioner of the Department of Motor Vehicles a copy of its\norder entered pursuant to this subsection, which shall specifically enumerate\nthe restrictions imposed and contain such information regarding the person to\nwhom such a permit is issued as is reasonably necessary to identify such person.\nThe court shall also provide a copy of its order to the person so convicted who\nmay operate a motor vehicle on the order until receipt from the Commissioner of\nthe Department of Motor Vehicles of a restricted license, if the order provides\nfor a restricted license for that time period. A copy of such order and, after\nreceipt thereof, the restricted license shall be carried at all times while\noperating a motor vehicle. Any person who operates a motor vehicle in violation\nof any restrictions imposed pursuant to this section is guilty of a violation of\n§ 18.2-272. Such restricted license shall be conditioned upon enrollment\nwithin 15 days in, and successful completion of, a program as described in\nsubsection A. No restricted license shall be issued during the first four months\nof a revocation imposed pursuant to subsection B of § 18.2-271 or\nsubsection A of § 46.2-391 for a second offense of the type described\ntherein committed within 10 years of a first such offense. No restricted license\nshall be issued during the first year of a revocation imposed pursuant to\nsubsection B of § 18.2-271 or subsection A of § 46.2-391 for a second\noffense of the type described therein committed within five years of a first\nsuch offense. No restricted license shall be issued during any revocation period\nimposed pursuant to subsection C of § 18.2-271 or subsection B of §\n46.2-391. Notwithstanding the provisions of § 46.2-411, the fee charged\npursuant to § 46.2-411 for reinstatement of the driver’s license of\nany person whose privilege or license has been suspended or revoked as a result\nof a violation of § 18.2-266, subsection A of § 46.2-341.24 or of any\nordinance of a county, city, or town, or of any federal law or the laws of any\nother state similar to the provisions of § 18.2-266 or subsection A of\n§ 46.2-341.24 shall be $105. Forty dollars of such reinstatement fee shall\nbe retained by the Department of Motor Vehicles as provided in § 46.2-411,\n$40 shall be transferred to the Commission on VASAP, and $25 shall be\ntransferred to the Commonwealth Neurotrauma Initiative Trust Fund. Any person\nwho is otherwise eligible to receive a restricted license issued in accordance\nwith this subsection or as otherwise provided by law shall not be required to\npay in full his fines and costs, as defined in § 19.2-354.1, before being\nissued such restricted license.\n\nF. The court shall have jurisdiction over any person entering such program under\nany provision of this section, or under any provision of § 46.2-392, until\nsuch time as the case has been disposed of by either successful completion of\nthe program, or revocation due to ineligibility or violation of a condition or\nconditions imposed by the court, whichever shall first occur. Revocation\nproceedings shall be commenced by notice to show cause why the court should not\nrevoke the privilege afforded by this section. Such notice shall be made by\nfirst-class mail to the last known address of such person, and shall direct such\nperson to appear before the court in response thereto on a date contained in\nsuch notice, which shall not be less than 10 days from the date of mailing of\nthe notice. Failure to appear in response to such notice shall of itself be\ngrounds for revocation of such privilege. Notice of revocation under this\nsubsection shall be sent forthwith to the Commissioner of the Department of\nMotor Vehicles.\n\nG. For the purposes of this section, any court that has convicted a person of a\nviolation of § 18.2-266, subsection A of § 46.2-341.24, any ordinance\nof a county, city, or town similar to the provisions of § 18.2-266, or any\nreckless driving violation under Article 7 (§ 46.2-852 et seq.) of Chapter\n8 of Title 46.2 and such person was initially charged with a violation of §\n18.2-266, subsection A of § 46.2-341.24, or any ordinance of a county,\ncity, or town similar to the provisions of § 18.2-266 shall have continuing\njurisdiction over such person during any period of license revocation related to\nthat conviction, for the limited purposes of (i) referring such person to a\ncertified alcohol safety action program, (ii) providing for a restricted permit\nfor such person in accordance with the provisions of subsection E, and (iii)\nimposing terms, conditions and limitations for actions taken pursuant to clauses\n(i) and (ii), whether or not it took either such action at the time of the\nconviction. This continuing jurisdiction is subject to the limitations of\nsubsection E that provide that no restricted license shall be issued during a\nrevocation imposed pursuant to subsection C of § 18.2-271 or subsection B\nof § 46.2-391 or during the first four months or first year, whichever is\napplicable, of the revocation imposed pursuant to subsection B of §\n18.2-271 or subsection A of § 46.2-391. The provisions of this subsection\nshall apply to a person convicted of a violation of § 18.2-266, subsection\nA of § 46.2-341.24, any ordinance of a county, city, or town similar to the\nprovisions of § 18.2-266, or any reckless driving violation under Article 7\n(§ 46.2-852 et seq.) of Chapter 8 of Title 46.2 and such person was\ninitially charged with a violation of § 18.2-266, subsection A of §\n46.2-341.24, or any ordinance of a county, city, or town similar to the\nprovisions of § 18.2-266 on, after and at any time prior to July 1, 2003.\n\nH. The State Treasurer, the Commission on VASAP or any city or county is\nauthorized to accept any gifts or bequests of money or property, and any grant,\nloan, service, payment or property from any source, including the federal\ngovernment, for the purpose of driver alcohol education. Any such gifts,\nbequests, grants, loans or payments shall be deposited in the separate fund\nprovided in subsection B.\n\nI. The Commission on VASAP, or any county, city, or town, or any combination\nthereof, may establish and, if established, shall operate, in accordance with\nthe standards and criteria required by this subsection, alcohol safety action\nprograms in connection with highway safety. Each such program shall operate\nunder the direction of a local independent policy board. Such local independent\npolicy board shall be chosen in accordance with procedures approved and\npromulgated by the Commission on VASAP. Such procedures shall provide that the\nboard shall endeavor to select one criminal defense attorney who has specialized\nknowledge in representing persons charged with driving while intoxicated\noffenses and one local attorney for the Commonwealth to sit on such local\nindependent policy board. Local sitting or retired district court judges who\nregularly hear or heard cases involving driving under the influence and are\nfamiliar with their local alcohol safety action programs may serve on such\nboards. The Commission on VASAP shall establish minimum standards and criteria\nfor the implementation and operation of such programs and shall establish\nprocedures to certify all such programs to ensure that they meet the minimum\nstandards and criteria stipulated by the Commission. The Commission shall also\nestablish criteria for the administration of such programs for public\ninformation activities, for accounting procedures, for the auditing requirements\nof such programs and for the allocation of funds. Funds paid to the Commonwealth\nhereunder shall be utilized in the discretion of the Commission on VASAP to\noffset the costs of state programs and local programs run in conjunction with\nany county, city or town and costs incurred by the Commission. The Commission\nshall submit an annual report as to actions taken at the close of each calendar\nyear to the Governor and the General Assembly.\n\nJ. Notwithstanding any other provisions of this section or of § 18.2-271,\nnothing in this section shall permit the court to suspend, reduce, limit, or\notherwise modify any disqualification from operating a commercial motor vehicle\nimposed under the provisions of the Virginia Commercial Driver’s License\nAct (§ 46.2-341.1 et seq.).\n\nHISTORY: 1975, c. 601; 1976, cc. 612, 691; 1977, c. 240; 1978, c. 352; 1979, c.\n353; 1980, c. 589; 1981, c. 195; 1982, c. 301; 1983, c. 504; 1984, c. 778; 1986,\ncc. 552, 590; 1987, cc. 465, 663; 1988, cc. 781, 858, 859, 888; 1989, c. 705;\n1990, c. 949; 1991, cc. 131, 491; 1992, c. 559; 1993, cc. 527, 919; 1994, cc.\n359, 363, 870; 1996, c. 984; 1997, cc. 472, 508; 1998, c. 703; 1999, c. 743;\n2000, cc. 958, 970, 980; 2001, cc. 182, 645, 779; 2002, c. 806; 2003, c. 290;\n2004, c. 720; 2007, cc. 194, 553; 2009, c. 295; 2010, cc. 446, 682; 2011, c.\n592; 2012, cc. 141, 570; 2014, c. 707; 2015, cc. 506, 729; 2017, cc. 499, 701;\n2020, c. 1007; 2021, Sp. Sess. I, cc. 336, 376; 2023, cc. 561, 562; 2025, cc.\n320, 343.","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}}