{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-271.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-271.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-271.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-271.html"}],"law_id":80969,"edition_id":1,"section_id":80969,"structure_id":13849,"section_number":"18.2-271","catch_line":"Forfeiture of driver’s license for driving while intoxicated","history":"Code 1950, \u00a7 18.1-59; 1960, c. 358; 1962, c. 625; 1964, c. 240; 1972, c. 757; 1975, cc. 14, 15; 1982, c. 301; 1983, c. 504; 1984, cc. 623, 673; 1989, c. 705; 1990, c. 949; 1992, cc. 722, 830, 891; 1994, cc. 359, 363; 2000, cc. 956, 982; 2001, c. 739; 2002, c. 873; 2010, c. 521; 2013, cc. 415, 655.","full_text":"A\n\nExcept as provided in § 18.2-271.1, the judgment of conviction if for a first offense under § 18.2-266 or for a similar offense under any county, city, or town ordinance, or for a first offense under subsection A of § 46.2-341.24, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.B\n\nIf a person (i) is tried on a process alleging a second offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of three years from the date of the judgment of conviction and such person shall have his license revoked as provided in subsection A of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked for a period of three years and that the penalty for violating that revocation is as set out in § 46.2-391. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by §§ 18.2-268.1 through 18.2-268.12 or §§ 46.2-341.26:1 through 46.2-341.26:11 or any period of suspension for a previous violation of § 18.2-266, 18.2-266.1, or 46.2-341.24.C\n\nIf a person (i) is tried on a process alleging (a) a felony conviction of § 18.2-266 or (b) a third or subsequent offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within 10 years of two other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth and such person shall not be eligible for participation in a program pursuant to § 18.2-271.1 and shall, upon such conviction, have his license revoked as provided in subsection B of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in § 46.2-391.D\n\nNotwithstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.E\n\nThe provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver’s License Act (§ 46.2-341.1 et seq.).","order_by":null,"text":{"0":{"id":290224,"text":"Except as provided in § 18.2-271.1, the judgment of conviction if for a first offense under § 18.2-266 or for a similar offense under any county, city, or town ordinance, or for a first offense under subsection A of § 46.2-341.24, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290225,"text":"If a person (i) is tried on a process alleging a second offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of three years from the date of the judgment of conviction and such person shall have his license revoked as provided in subsection A of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked for a period of three years and that the penalty for violating that revocation is as set out in § 46.2-391. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by §§ 18.2-268.1 through 18.2-268.12 or §§ 46.2-341.26:1 through 46.2-341.26:11 or any period of suspension for a previous violation of § 18.2-266, 18.2-266.1, or 46.2-341.24.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":290226,"text":"If a person (i) is tried on a process alleging (a) a felony conviction of § 18.2-266 or (b) a third or subsequent offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within 10 years of two other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth and such person shall not be eligible for participation in a program pursuant to § 18.2-271.1 and shall, upon such conviction, have his license revoked as provided in subsection B of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in § 46.2-391.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":290227,"text":"Notwithstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":290228,"text":"The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver’s License Act (§ 46.2-341.1 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_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","url":"\/18.2-271.1\/","token":"18.2\/7\/2\/18.2-271.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-271\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 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 1960, chapter 358; in 1962, chapter 625; in 1964, chapter 240; in 1972, chapter 757; in 1975, chapters 14 and 15; in 1982, chapter 301; in 1983, chapter 504; in 1984, chapters 623 and 673; in 1989, chapter 705; in 1990, chapter 949; in 1992, chapters 722, 830, and 891; in 1994, chapters 359<\/a> and 363<\/a>; in 2000, chapters 956<\/a> and 982<\/a>; in 2001, chapter 739<\/a>; in 2002, chapter 873<\/a>; in 2010, chapter 521<\/a>; in 2013, chapters 415<\/a> and 655<\/a>.<\/p>","references":[{"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":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":60940,"section_number":"46.2-302","catch_line":"Driving while restoration of license is contingent on furnishing proof of financial responsibility","order_by":null,"url":"\/46.2-302\/"},{"id":71918,"section_number":"46.2-341.30","catch_line":"Disqualification for driving commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.30\/"},{"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\/"}],"refers_to":[{"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":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":63409,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","order_by":null,"url":"\/18.2-268.1\/"},{"id":55454,"section_number":"18.2-268.12","catch_line":"Ordinances","order_by":null,"url":"\/18.2-268.12\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":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":79291,"section_number":"46.2-341.26:1","catch_line":"Use of chemical tests to determine alcohol or drug content of blood of commercial driver; definitions","order_by":null,"url":"\/46.2-341.26_1\/"},{"id":74934,"section_number":"46.2-341.26:11","catch_line":"Substantial compliance","order_by":null,"url":"\/46.2-341.26_11\/"},{"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":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":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\/"}],"permalink":{"id":166909,"object_type":"law","relational_id":80969,"identifier":"18.2-271","token":"18.2\/7\/2\/18.2-271","url":"\/18.2-271\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-271\/","token":"18.2\/7\/2\/18.2-271","dublin_core":{"Title":"Forfeiture of driver’s license for driving while intoxicated","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-271","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in § 18.2-271.1<\/a>, the judgment<\/span> of conviction<\/span> if for a first offense<\/span> under § 18.2-266<\/a> or for a similar offense<\/span> under any county, city, or town ordinance<\/span>, or for a first offense<\/span> under subsection A of § 46.2-341.24<\/a>, shall of itself operate to deprive the person so convicted of the privilege<\/span> to drive or operate any motor vehicle<\/span>, engine or train in the Commonwealth for a period of one year from the date of such judgment<\/span>. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a person (i) is tried on a process alleging a second offense<\/span> of violating § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a>, or any substantially similar local ordinance<\/span>, or law<\/span> of any other jurisdiction<\/span>, within ten years of a first offense<\/span> for which the person was convicted, or found guilty in the case of a juvenile, under § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a> or any valid local ordinance<\/span> or any law<\/span> of any other jurisdiction<\/span> substantially similar to § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a> and (ii) is convicted thereof, such conviction<\/span> shall of itself operate to deprive the person so convicted of the privilege<\/span> to drive or operate any motor vehicle<\/span>, engine or train in the Commonwealth for a period of three years from the date of the judgment<\/span> of conviction<\/span> and such person shall have his license revoked as provided in subsection A of § 46.2-391<\/a>. The court<\/span> trying such case shall order<\/span> the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398<\/a>, and shall notify such person that his license has been revoked for a period of three years and that the penalty<\/span> for violating that revocation<\/span> is as set out in § 46.2-391<\/a>. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2<\/a>. Any period of license suspension or revocation<\/span> imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by §§ 18.2-268.1<\/a> through 18.2-268.12<\/a> or §§ 46.2-341.26:1<\/a> through 46.2-341.26:11<\/a> or any period of suspension for a previous violation of § 18.2-266<\/a>, 18.2-266.1<\/a>, or 46.2-341.24<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a person (i) is tried on a process alleging (a) a felony<\/span> conviction<\/span> of § 18.2-266<\/a> or (b) a third or subsequent offense<\/span> of violating § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a>, or any substantially similar local ordinance<\/span>, or law<\/span> of any other jurisdiction<\/span>, within 10 years of two other offenses<\/span> for which the person was convicted, or found not innocent in the case of a juvenile, under § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a> or any valid local ordinance<\/span> or any law<\/span> of any other jurisdiction<\/span> substantially similar to § 18.2-266<\/a> or subsection A of § 46.2-341.24<\/a> and (ii) is convicted thereof, such conviction<\/span> shall of itself operate to deprive the person so convicted of the privilege<\/span> to drive or operate any motor vehicle<\/span>, engine or train in the Commonwealth and such person shall not be eligible for participation in a program pursuant to § 18.2-271.1<\/a> and shall, upon such conviction<\/span>, have his license revoked as provided in subsection B of § 46.2-391<\/a>. The court<\/span> trying such case shall order<\/span> the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398<\/a>, and shall notify such person that his license has been revoked indefinitely and that the penalty<\/span> for violating that revocation<\/span> is as set out in § 46.2-391<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of this section, the period of license revocation<\/span> or suspension shall not begin to expire until the person convicted has surrendered his license to the court<\/span> or to the Department of Motor Vehicles<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle<\/span> imposed under the provisions of the Commercial Driver’s License Act (§ 46.2-341.1<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFORFEITURE OF DRIVER’S LICENSE FOR DRIVING WHILE INTOXICATED (\u00a7 18.2-271)\n\nA. Except as provided in § 18.2-271.1, the judgment of conviction if for a\nfirst offense under § 18.2-266 or for a similar offense under any county,\ncity, or town ordinance, or for a first offense under subsection A of §\n46.2-341.24, shall of itself operate to deprive the person so convicted of the\nprivilege to drive or operate any motor vehicle, engine or train in the\nCommonwealth for a period of one year from the date of such judgment. This\nsuspension period shall be in addition to the suspension period provided under\n§ 46.2-391.2.\n\nB. If a person (i) is tried on a process alleging a second offense of violating\n§ 18.2-266 or subsection A of § 46.2-341.24, or any substantially\nsimilar local ordinance, or law of any other jurisdiction, within ten years of a\nfirst offense for which the person was convicted, or found guilty in the case of\na juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any\nvalid local ordinance or any law of any other jurisdiction substantially similar\nto § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted\nthereof, such conviction shall of itself operate to deprive the person so\nconvicted of the privilege to drive or operate any motor vehicle, engine or\ntrain in the Commonwealth for a period of three years from the date of the\njudgment of conviction and such person shall have his license revoked as\nprovided in subsection A of § 46.2-391. The court trying such case shall\norder the surrender of the person’s driver’s license, to be disposed\nof in accordance with § 46.2-398, and shall notify such person that his\nlicense has been revoked for a period of three years and that the penalty for\nviolating that revocation is as set out in § 46.2-391. This suspension\nperiod shall be in addition to the suspension period provided under §\n46.2-391.2. Any period of license suspension or revocation imposed pursuant to\nthis section, in any case, shall run consecutively with any period of suspension\nfor failure to permit a blood or breath sample to be taken as required by\n§§ 18.2-268.1 through 18.2-268.12 or §§ 46.2-341.26:1\nthrough 46.2-341.26:11 or any period of suspension for a previous violation of\n§ 18.2-266, 18.2-266.1, or 46.2-341.24.\n\nC. If a person (i) is tried on a process alleging (a) a felony conviction of\n§ 18.2-266 or (b) a third or subsequent offense of violating §\n18.2-266 or subsection A of § 46.2-341.24, or any substantially similar\nlocal ordinance, or law of any other jurisdiction, within 10 years of two other\noffenses for which the person was convicted, or found not innocent in the case\nof a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or\nany valid local ordinance or any law of any other jurisdiction substantially\nsimilar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is\nconvicted thereof, such conviction shall of itself operate to deprive the person\nso convicted of the privilege to drive or operate any motor vehicle, engine or\ntrain in the Commonwealth and such person shall not be eligible for\nparticipation in a program pursuant to § 18.2-271.1 and shall, upon such\nconviction, have his license revoked as provided in subsection B of §\n46.2-391. The court trying such case shall order the surrender of the\nperson’s driver’s license, to be disposed of in accordance with\n§ 46.2-398, and shall notify such person that his license has been revoked\nindefinitely and that the penalty for violating that revocation is as set out in\n§ 46.2-391.\n\nD. Notwithstanding any other provision of this section, the period of license\nrevocation or suspension shall not begin to expire until the person convicted\nhas surrendered his license to the court or to the Department of Motor Vehicles.\n\nE. The provisions of this section shall not apply to, and shall have no effect\nupon, any disqualification from operating a commercial motor vehicle imposed\nunder the provisions of the Commercial Driver’s License Act (§\n46.2-341.1 et seq.).\n\nHISTORY: Code 1950, \u00a7 18.1-59; 1960, c. 358; 1962, c. 625; 1964, c. 240; 1972,\nc. 757; 1975, cc. 14, 15; 1982, c. 301; 1983, c. 504; 1984, cc. 623, 673; 1989,\nc. 705; 1990, c. 949; 1992, cc. 722, 830, 891; 1994, cc. 359, 363; 2000, cc.\n956, 982; 2001, c. 739; 2002, c. 873; 2010, c. 521; 2013, cc. 415, 655.","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}}