{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-301.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-301.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-301.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-301.1.html"}],"law_id":53958,"edition_id":1,"section_id":53958,"structure_id":12773,"section_number":"46.2-301.1","catch_line":"Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one’s vehicle","history":"1994, cc. 359, 363; 1994, 1st Sp. Sess., c. 10; 1995, cc. 426, 435; 1997, cc. 378, 478, 691; 2005, c. 312; 2010, cc. 519, 829; 2021, Sp. Sess. I, c. 463; 2025, cc. 366, 431.","full_text":"A\n\nThe motor vehicle being driven by any person (i) whose driver’s license, learner’s permit or privilege to drive a motor vehicle has been suspended or revoked for a violation of § 18.2-51.4 or 18.2-272 or driving while under the influence in violation of § 18.2-266, 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction; (ii) where such person’s license has been administratively suspended under the provisions of § 46.2-391.2; (iii) driving after such person’s driver’s license, learner’s permit or privilege to drive a motor vehicle has been suspended or revoked for unreasonable refusal of tests in violation of § 18.2-268.3, 46.2-341.26:3 or a substantially similar ordinance or law in any other jurisdiction; or (iv) driving without an operator’s license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be impounded or immobilized by the arresting law-enforcement officer at the time the person is arrested for driving after his driver’s license, learner’s permit or privilege to drive has been so revoked or suspended or for driving without an operator’s license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction. The impoundment or immobilization for a violation of clause (i), (ii), or (iii) shall be for a period of 30 days. The period of impoundment or immobilization for a violation of clause (iv) shall be until the offender obtains a valid operator’s license pursuant to § 46.2-300 or three days, whichever is less. In the event that the offender obtains a valid operator’s license at any time during the three-day impoundment period and presents such license to the court, the court shall authorize the release of the vehicle upon payment of all reasonable costs of impoundment or immobilization to the person holding the vehicle.\n\t\t\tThe provisions of this section as to the offense described in clause (iv) shall not apply to a person who drives a motor vehicle with no operator’s license (a) whose license has been expired for less than one year prior to the offense or (b) who is under 18 years of age at the time of the offense. The arresting officer, acting on behalf of the Commonwealth, shall serve notice of the impoundment upon the arrested person. The notice shall include information on the person’s right to petition for review of the impoundment pursuant to subsection B. A copy of the notice of impoundment shall be delivered to the magistrate and thereafter promptly forwarded to the clerk of the general district court of the jurisdiction where the arrest was made. Transmission of the notice may be by electronic means.\n\t\t\tAt least five days prior to the expiration of the period of impoundment imposed pursuant to this section or § 46.2-301, the clerk shall provide the offender with information on the location of the motor vehicle and how and when the vehicle will be released; however, for a violation of clause (iv), such information shall be provided at the time of arrest.\n\t\t\tAll reasonable costs of impoundment or immobilization, including removal and storage expenses, shall be paid by the offender prior to the release of his motor vehicle. Notwithstanding the above, where the arresting law-enforcement officer discovers that the vehicle was being rented or leased from a vehicle renting or leasing company, the officer shall not impound the vehicle or continue the impoundment but shall notify the rental or leasing company that the vehicle is available for pickup and shall notify the clerk if the clerk has previously been notified of the impoundment.B\n\nAny driver who is the owner of the motor vehicle that is impounded or immobilized under subsection A may, during the period of the impoundment, petition the general district court of the jurisdiction in which the arrest was made to review that impoundment. The court shall review the impoundment within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting law-enforcement officer did not have probable cause for the arrest, or that the magistrate did not have probable cause to issue the warrant, the court shall rescind the impoundment. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs paid or incurred by him. Otherwise, the court shall affirm the impoundment. If the person requesting the review fails to appear without just cause, his right to review shall be waived.\n\t\t\tThe court’s findings are without prejudice to the person contesting the impoundment or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.C\n\nThe owner or co-owner of any motor vehicle impounded or immobilized under subsection A who was not the driver at the time of the violation may petition the general district court in the jurisdiction where the violation occurred for the release of his motor vehicle. The motor vehicle shall be released if the owner or co-owner proves by a preponderance of the evidence that he (i) did not know that the offender’s driver’s license was suspended or revoked when he authorized the offender to drive such motor vehicle; (ii) did not know that the offender had no operator’s license and that the operator had been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction when he authorized the offender to drive such motor vehicle; or (iii) did not consent to the operation of the motor vehicle by the offender. If the owner proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is impounded or immobilized for the period of impoundment that otherwise would be imposed pursuant to this section, the court, in its discretion, may release the vehicle after some period of less than such impoundment period.D\n\nNotwithstanding any provision of this section, a subsequent dismissal or acquittal of the charge of driving without an operator’s license or of driving on a suspended or revoked license shall result in an immediate rescission of the impoundment or immobilization provided in subsection A. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs, incurred or paid by him.E\n\nAny person who knowingly authorizes the operation of a motor vehicle by (i) a person he knows has had his driver’s license, learner’s permit, or privilege to drive a motor vehicle suspended or revoked for any of the reasons set forth in subsection A or (ii) a person who he knows has no operator’s license and who he knows has been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be guilty of a Class 1 misdemeanor. Any person who knowingly authorizes the operation of a motor vehicle by a (a) any person who he knows has no legal right to do so or (b) minor who he knows has no operator’s license or learner’s permit or who has a learner’s permit but who he knows will operate such motor vehicle in violation of any provision of § 46.2-335 is guilty of Class 1 misdemeanor if such violation results in a motor vehicle accident that causes injury or death to any person, provided that such violation does not otherwise constitute a felony.F\n\nNotwithstanding the provisions of this section or § 46.2-301, nothing in this section shall impede or infringe upon a valid lienholder’s rights to cure a default under an existing security agreement. Furthermore, such lienholder shall not be liable for any cost of impoundment or immobilization, including removal or storage expenses which may accrue pursuant to the provisions of this section or § 46.2-301. In the event a lienholder repossesses or removes a vehicle from storage pursuant to an existing security agreement, the Commonwealth shall pay all reasonable costs of impoundment or immobilization, including removal and storage expenses, to any person or entity providing such services to the Commonwealth, except to the extent such costs or expenses have already been paid by the offender to such person or entity. Such payment shall be made within seven calendar days after a request is made by such person or entity to the Commonwealth for payment. Nothing herein, however, shall relieve the offender from liability to the Commonwealth for reimbursement or payment of all such reasonable costs and expenses.","order_by":null,"text":{"0":{"id":198130,"text":"The motor vehicle being driven by any person (i) whose driver’s license, learner’s permit or privilege to drive a motor vehicle has been suspended or revoked for a violation of § 18.2-51.4 or 18.2-272 or driving while under the influence in violation of § 18.2-266, 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction; (ii) where such person’s license has been administratively suspended under the provisions of § 46.2-391.2; (iii) driving after such person’s driver’s license, learner’s permit or privilege to drive a motor vehicle has been suspended or revoked for unreasonable refusal of tests in violation of § 18.2-268.3, 46.2-341.26:3 or a substantially similar ordinance or law in any other jurisdiction; or (iv) driving without an operator’s license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be impounded or immobilized by the arresting law-enforcement officer at the time the person is arrested for driving after his driver’s license, learner’s permit or privilege to drive has been so revoked or suspended or for driving without an operator’s license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction. The impoundment or immobilization for a violation of clause (i), (ii), or (iii) shall be for a period of 30 days. The period of impoundment or immobilization for a violation of clause (iv) shall be until the offender obtains a valid operator’s license pursuant to § 46.2-300 or three days, whichever is less. In the event that the offender obtains a valid operator’s license at any time during the three-day impoundment period and presents such license to the court, the court shall authorize the release of the vehicle upon payment of all reasonable costs of impoundment or immobilization to the person holding the vehicle.\n\t\t\tThe provisions of this section as to the offense described in clause (iv) shall not apply to a person who drives a motor vehicle with no operator’s license (a) whose license has been expired for less than one year prior to the offense or (b) who is under 18 years of age at the time of the offense. The arresting officer, acting on behalf of the Commonwealth, shall serve notice of the impoundment upon the arrested person. The notice shall include information on the person’s right to petition for review of the impoundment pursuant to subsection B. A copy of the notice of impoundment shall be delivered to the magistrate and thereafter promptly forwarded to the clerk of the general district court of the jurisdiction where the arrest was made. Transmission of the notice may be by electronic means.\n\t\t\tAt least five days prior to the expiration of the period of impoundment imposed pursuant to this section or § 46.2-301, the clerk shall provide the offender with information on the location of the motor vehicle and how and when the vehicle will be released; however, for a violation of clause (iv), such information shall be provided at the time of arrest.\n\t\t\tAll reasonable costs of impoundment or immobilization, including removal and storage expenses, shall be paid by the offender prior to the release of his motor vehicle. Notwithstanding the above, where the arresting law-enforcement officer discovers that the vehicle was being rented or leased from a vehicle renting or leasing company, the officer shall not impound the vehicle or continue the impoundment but shall notify the rental or leasing company that the vehicle is available for pickup and shall notify the clerk if the clerk has previously been notified of the impoundment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198131,"text":"Any driver who is the owner of the motor vehicle that is impounded or immobilized under subsection A may, during the period of the impoundment, petition the general district court of the jurisdiction in which the arrest was made to review that impoundment. The court shall review the impoundment within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting law-enforcement officer did not have probable cause for the arrest, or that the magistrate did not have probable cause to issue the warrant, the court shall rescind the impoundment. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs paid or incurred by him. Otherwise, the court shall affirm the impoundment. If the person requesting the review fails to appear without just cause, his right to review shall be waived.\n\t\t\tThe court’s findings are without prejudice to the person contesting the impoundment or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198132,"text":"The owner or co-owner of any motor vehicle impounded or immobilized under subsection A who was not the driver at the time of the violation may petition the general district court in the jurisdiction where the violation occurred for the release of his motor vehicle. The motor vehicle shall be released if the owner or co-owner proves by a preponderance of the evidence that he (i) did not know that the offender’s driver’s license was suspended or revoked when he authorized the offender to drive such motor vehicle; (ii) did not know that the offender had no operator’s license and that the operator had been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction when he authorized the offender to drive such motor vehicle; or (iii) did not consent to the operation of the motor vehicle by the offender. If the owner proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is impounded or immobilized for the period of impoundment that otherwise would be imposed pursuant to this section, the court, in its discretion, may release the vehicle after some period of less than such impoundment period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":198133,"text":"Notwithstanding any provision of this section, a subsequent dismissal or acquittal of the charge of driving without an operator’s license or of driving on a suspended or revoked license shall result in an immediate rescission of the impoundment or immobilization provided in subsection A. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs, incurred or paid by him.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":198134,"text":"Any person who knowingly authorizes the operation of a motor vehicle by (i) a person he knows has had his driver’s license, learner’s permit, or privilege to drive a motor vehicle suspended or revoked for any of the reasons set forth in subsection A or (ii) a person who he knows has no operator’s license and who he knows has been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be guilty of a Class 1 misdemeanor. Any person who knowingly authorizes the operation of a motor vehicle by a (a) any person who he knows has no legal right to do so or (b) minor who he knows has no operator’s license or learner’s permit or who has a learner’s permit but who he knows will operate such motor vehicle in violation of any provision of § 46.2-335 is guilty of Class 1 misdemeanor if such violation results in a motor vehicle accident that causes injury or death to any person, provided that such violation does not otherwise constitute a felony.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":198135,"text":"Notwithstanding the provisions of this section or § 46.2-301, nothing in this section shall impede or infringe upon a valid lienholder’s rights to cure a default under an existing security agreement. Furthermore, such lienholder shall not be liable for any cost of impoundment or immobilization, including removal or storage expenses which may accrue pursuant to the provisions of this section or § 46.2-301. In the event a lienholder repossesses or removes a vehicle from storage pursuant to an existing security agreement, the Commonwealth shall pay all reasonable costs of impoundment or immobilization, including removal and storage expenses, to any person or entity providing such services to the Commonwealth, except to the extent such costs or expenses have already been paid by the offender to such person or entity. Such payment shall be made within seven calendar days after a request is made by such person or entity to the Commonwealth for payment. Nothing herein, however, shall relieve the offender from liability to the Commonwealth for reimbursement or payment of all such reasonable costs and expenses.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12773,"edition_id":1,"name":"Unlicensed Driving Prohibited","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225631,"object_type":"structure","relational_id":12773,"identifier":"1","token":"46.2\/II\/3\/1","url":"\/46.2\/II\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61610,"structure_id":12773,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","url":"\/46.2-300\/","token":"46.2\/II\/3\/1\/46.2-300","metadata":false},{"id":54237,"structure_id":12773,"section_number":"46.2-301","catch_line":"Driving while license, permit, or privilege to drive suspended or revoked","url":"\/46.2-301\/","token":"46.2\/II\/3\/1\/46.2-301","metadata":false},{"id":53958,"structure_id":12773,"section_number":"46.2-301.1","catch_line":"Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle","url":"\/46.2-301.1\/","token":"46.2\/II\/3\/1\/46.2-301.1","metadata":false},{"id":60940,"structure_id":12773,"section_number":"46.2-302","catch_line":"Driving while restoration of license is contingent on furnishing proof of financial responsibility","url":"\/46.2-302\/","token":"46.2\/II\/3\/1\/46.2-302","metadata":false}],"previous_section":{"id":54237,"structure_id":12773,"section_number":"46.2-301","catch_line":"Driving while license, permit, or privilege to drive suspended or revoked","url":"\/46.2-301\/","token":"46.2\/II\/3\/1\/46.2-301","metadata":false},"next_section":{"id":60940,"structure_id":12773,"section_number":"46.2-302","catch_line":"Driving while restoration of license is contingent on furnishing proof of financial responsibility","url":"\/46.2-302\/","token":"46.2\/II\/3\/1\/46.2-302","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-301.1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 359<\/a> and 363<\/a> 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. It has been modified 5 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 1995, chapters 426<\/a> and 435<\/a>; in 1997, chapters 378<\/a>, 478<\/a>, and 691<\/a>; in 2005, chapter 312<\/a>; in 2010, chapters 519<\/a> and 829<\/a>; in 2025, chapters 366<\/a> and 431<\/a>.<\/p>","references":[{"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":79469,"section_number":"46.2-867.1","catch_line":"Exhibition driving; impoundment of motor vehicle.","order_by":null,"url":"\/46.2-867.1\/"}],"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":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","order_by":null,"url":"\/46.2-300\/"},{"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":80637,"section_number":"46.2-335","catch_line":"Learner's permits; fees; certification required","order_by":null,"url":"\/46.2-335\/"},{"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":54631,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","order_by":null,"url":"\/46.2-341.26_3\/"},{"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\/"}],"permalink":{"id":225641,"object_type":"law","relational_id":53958,"identifier":"46.2-301.1","token":"46.2\/II\/3\/1\/46.2-301.1","url":"\/46.2-301.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-301.1\/","token":"46.2\/II\/3\/1\/46.2-301.1","dublin_core":{"Title":"Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one’s vehicle","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-301.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The motor vehicle<\/span> being driven by any person (i) whose driver<\/span>’s license, learner’s permit or privilege<\/span> to drive a motor vehicle<\/span> has been suspended or revoked for a violation of § 18.2-51.4<\/a> or 18.2-272<\/a> or driving while under the influence in violation of § 18.2-266<\/a>, 46.2-341.24<\/a> or a substantially similar ordinance<\/span> or law<\/span> in any other jurisdiction<\/span>; (ii) where such person’s license has been administratively suspended under the provisions of § 46.2-391.2<\/a>; (iii) driving after such person’s driver<\/span>’s license, learner’s permit or privilege<\/span> to drive a motor vehicle<\/span> has been suspended or revoked for unreasonable refusal of tests in violation of § 18.2-268.3<\/a>, 46.2-341.26:3<\/a> or a substantially similar ordinance<\/span> or law<\/span> in any other jurisdiction<\/span>; or (iv) driving without an operator<\/span>’s license in violation of § 46.2-300<\/a> having been previously convicted of such offense<\/span> or a substantially similar ordinance<\/span> of any county, city, or town or law<\/span> in any other jurisdiction<\/span> shall be impounded or immobilized by the arresting law<\/span>-enforcement officer<\/span> at the time the person is arrested for driving after his driver<\/span>’s license, learner’s permit or privilege<\/span> to drive has been so revoked or suspended or for driving without an operator<\/span>’s license in violation of § 46.2-300<\/a> having been previously convicted of such offense<\/span> or a substantially similar ordinance<\/span> of any county, city, or town or law<\/span> in any other jurisdiction<\/span>. The impoundment or immobilization for a violation of clause (i), (ii), or (iii) shall be for a period of 30 days. The period of impoundment or immobilization for a violation of clause (iv) shall be until the offender obtains a valid operator<\/span>’s license pursuant to § 46.2-300<\/a> or three days, whichever is less. In the event that the offender obtains a valid operator<\/span>’s license at any time during the three-day impoundment period and presents such license to the court<\/span>, the court<\/span> shall authorize the release of the vehicle upon payment of all reasonable costs of impoundment or immobilization to the person holding the vehicle.\n\t\t\tThe provisions of this section as to the offense<\/span> described in clause (iv) shall not apply to a person who drives a motor vehicle<\/span> with no operator<\/span>’s license (a) whose license has been expired for less than one year prior to the offense<\/span> or (b) who is under 18 years of age at the time of the offense<\/span>. The arresting officer, acting on behalf of the Commonwealth, shall serve notice of the impoundment upon the arrested person. The notice shall include information on the person’s right to petition<\/span> for review of the impoundment pursuant to subsection B. A copy of the notice of impoundment shall be delivered to the magistrate<\/span> and thereafter promptly forwarded to the clerk of the general district court<\/span> of the jurisdiction<\/span> where the arrest<\/span> was made. Transmission of the notice may be by electronic means.\n\t\t\tAt least five days prior to the expiration of the period of impoundment imposed pursuant to this section or § 46.2-301<\/a>, the clerk shall provide the offender with information on the location of the motor vehicle<\/span> and how and when the vehicle will be released; however, for a violation of clause (iv), such information shall be provided at the time of arrest<\/span>.\n\t\t\tAll reasonable costs of impoundment or immobilization, including removal and storage expenses, shall be paid by the offender prior to the release of his motor vehicle<\/span>. Notwithstanding the above, where the arresting law<\/span>-enforcement officer<\/span> discovers that the vehicle was being rented or leased from a vehicle renting or leasing company, the officer shall not impound the vehicle or continue the impoundment but shall notify the rental or leasing company that the vehicle is available for pickup and shall notify the clerk if the clerk has previously been notified of the impoundment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any driver<\/span> who is the owner<\/span> of the motor vehicle<\/span> that is impounded or immobilized under subsection A may, during the period of the impoundment, petition<\/span> the general district court<\/span> of the jurisdiction<\/span> in which the arrest<\/span> was made to review that impoundment. The court<\/span> shall review the impoundment within the same time period as the court<\/span> hears an appeal<\/span> from an order<\/span> denying bail<\/span> or fixing terms of bail<\/span> or terms of recognizance<\/span>, giving this matter precedence over all other matters on its docket<\/span>. If the person proves to the court<\/span> by a preponderance of the evidence<\/span> that the arresting law<\/span>-enforcement officer<\/span> did not have probable cause<\/span> for the arrest<\/span>, or that the magistrate<\/span> did not have probable cause<\/span> to issue<\/span> the warrant, the court<\/span> shall rescind the impoundment. Upon rescission, the motor vehicle<\/span> shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs paid or incurred by him. Otherwise, the court<\/span> shall affirm<\/span> the impoundment. If the person requesting the review fails to appear without just cause, his right to review shall be waived.\n\t\t\tThe court<\/span>’s findings<\/span> are without prejudice to the person contesting the impoundment or to any other potential party<\/span> as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The owner<\/span> or co-owner<\/span> of any motor vehicle<\/span> impounded or immobilized under subsection A who was not the driver<\/span> at the time of the violation may petition<\/span> the general district court<\/span> in the jurisdiction<\/span> where the violation occurred for the release of his motor vehicle<\/span>. The motor vehicle<\/span> shall be released if the owner<\/span> or co-owner<\/span> proves by a preponderance of the evidence<\/span> that he (i) did not know that the offender’s driver<\/span>’s license was suspended or revoked when he authorized the offender to drive such motor vehicle<\/span>; (ii) did not know that the offender had no operator<\/span>’s license and that the operator<\/span> had been previously convicted of driving a motor vehicle<\/span> without an operator<\/span>’s license in violation of § 46.2-300<\/a> or a substantially similar ordinance<\/span> of any county, city, or town or law<\/span> in any other jurisdiction<\/span> when he authorized the offender to drive such motor vehicle<\/span>; or (iii) did not consent to the operation of the motor vehicle<\/span> by the offender. If the owner<\/span> proves by a preponderance of the evidence<\/span> that his immediate family has only one motor vehicle<\/span> and will suffer a substantial hardship if that motor vehicle<\/span> is impounded or immobilized for the period of impoundment that otherwise would be imposed pursuant to this section, the court<\/span>, in its discretion, may release the vehicle after some period of less than such impoundment period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any provision of this section, a subsequent dismissal<\/span> or acquittal<\/span> of the charge of driving without an operator<\/span>’s license or of driving on a suspended or revoked license shall result in an immediate rescission of the impoundment or immobilization provided in subsection A. Upon rescission, the motor vehicle<\/span> shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs, incurred or paid by him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person who knowingly authorizes the operation of a motor vehicle<\/span> by (i) a person he knows has had his driver<\/span>’s license, learner’s permit, or privilege<\/span> to drive a motor vehicle<\/span> suspended or revoked for any of the reasons set forth in subsection A or (ii) a person who he knows has no operator<\/span>’s license and who he knows has been previously convicted of driving a motor vehicle<\/span> without an operator<\/span>’s license in violation of § 46.2-300<\/a> or a substantially similar ordinance<\/span> of any county, city, or town or law<\/span> in any other jurisdiction<\/span> shall be guilty of a Class 1 misdemeanor<\/span>. Any person who knowingly authorizes the operation of a motor vehicle<\/span> by a (a) any person who he knows has no legal right to do so or (b) minor<\/span> who he knows has no operator<\/span>’s license or learner’s permit or who has a learner’s permit but who he knows will operate such motor vehicle<\/span> in violation of any provision of § 46.2-335<\/a> is guilty of Class 1 misdemeanor<\/span> if such violation results in a motor vehicle<\/span> accident that causes injury or death to any person, provided that such violation does not otherwise constitute a felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the provisions of this section or § 46.2-301<\/a>, nothing in this section shall impede or infringe upon a valid lienholder’s rights to cure a default<\/span> under an existing security agreement. Furthermore, such lienholder shall not be liable for any cost of impoundment or immobilization, including removal or storage expenses which may accrue pursuant to the provisions of this section or § 46.2-301<\/a>. In the event a lienholder repossesses or removes a vehicle from storage pursuant to an existing security agreement, the Commonwealth shall pay all reasonable costs of impoundment or immobilization, including removal and storage expenses, to any person or entity providing such services to the Commonwealth, except to the extent such costs or expenses have already been paid by the offender to such person or entity. Such payment shall be made within seven calendar days after a request is made by such person or entity to the Commonwealth for payment. Nothing herein, however, shall relieve the offender from liability to the Commonwealth for reimbursement or payment of all such reasonable costs and expenses. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATIVE IMPOUNDMENT OF MOTOR VEHICLE FOR CERTAIN DRIVING WHILE LICENSE\nSUSPENDED OR REVOKED OFFENSES; JUDICIAL IMPOUNDMENT UPON CONVICTION; PENALTY FOR\nPERMITTING VIOLATION WITH ONE’S VEHICLE (\u00a7 46.2-301.1)\n\nA. The motor vehicle being driven by any person (i) whose driver’s\nlicense, learner’s permit or privilege to drive a motor vehicle has been\nsuspended or revoked for a violation of § 18.2-51.4 or 18.2-272 or driving\nwhile under the influence in violation of § 18.2-266, 46.2-341.24 or a\nsubstantially similar ordinance or law in any other jurisdiction; (ii) where\nsuch person’s license has been administratively suspended under the\nprovisions of § 46.2-391.2; (iii) driving after such person’s\ndriver’s license, learner’s permit or privilege to drive a motor\nvehicle has been suspended or revoked for unreasonable refusal of tests in\nviolation of § 18.2-268.3, 46.2-341.26:3 or a substantially similar\nordinance or law in any other jurisdiction; or (iv) driving without an\noperator’s license in violation of § 46.2-300 having been previously\nconvicted of such offense or a substantially similar ordinance of any county,\ncity, or town or law in any other jurisdiction shall be impounded or immobilized\nby the arresting law-enforcement officer at the time the person is arrested for\ndriving after his driver’s license, learner’s permit or privilege to\ndrive has been so revoked or suspended or for driving without an\noperator’s license in violation of § 46.2-300 having been previously\nconvicted of such offense or a substantially similar ordinance of any county,\ncity, or town or law in any other jurisdiction. The impoundment or\nimmobilization for a violation of clause (i), (ii), or (iii) shall be for a\nperiod of 30 days. The period of impoundment or immobilization for a violation\nof clause (iv) shall be until the offender obtains a valid operator’s\nlicense pursuant to § 46.2-300 or three days, whichever is less. In the\nevent that the offender obtains a valid operator’s license at any time\nduring the three-day impoundment period and presents such license to the court,\nthe court shall authorize the release of the vehicle upon payment of all\nreasonable costs of impoundment or immobilization to the person holding the\nvehicle.\n\t\t\tThe provisions of this section as to the offense described in clause (iv)\nshall not apply to a person who drives a motor vehicle with no operator’s\nlicense (a) whose license has been expired for less than one year prior to the\noffense or (b) who is under 18 years of age at the time of the offense. The\narresting officer, acting on behalf of the Commonwealth, shall serve notice of\nthe impoundment upon the arrested person. The notice shall include information\non the person’s right to petition for review of the impoundment pursuant\nto subsection B. A copy of the notice of impoundment shall be delivered to the\nmagistrate and thereafter promptly forwarded to the clerk of the general\ndistrict court of the jurisdiction where the arrest was made. Transmission of\nthe notice may be by electronic means.\n\t\t\tAt least five days prior to the expiration of the period of impoundment\nimposed pursuant to this section or § 46.2-301, the clerk shall provide the\noffender with information on the location of the motor vehicle and how and when\nthe vehicle will be released; however, for a violation of clause (iv), such\ninformation shall be provided at the time of arrest.\n\t\t\tAll reasonable costs of impoundment or immobilization, including removal and\nstorage expenses, shall be paid by the offender prior to the release of his\nmotor vehicle. Notwithstanding the above, where the arresting law-enforcement\nofficer discovers that the vehicle was being rented or leased from a vehicle\nrenting or leasing company, the officer shall not impound the vehicle or\ncontinue the impoundment but shall notify the rental or leasing company that the\nvehicle is available for pickup and shall notify the clerk if the clerk has\npreviously been notified of the impoundment.\n\nB. Any driver who is the owner of the motor vehicle that is impounded or\nimmobilized under subsection A may, during the period of the impoundment,\npetition the general district court of the jurisdiction in which the arrest was\nmade to review that impoundment. The court shall review the impoundment within\nthe same time period as the court hears an appeal from an order denying bail or\nfixing terms of bail or terms of recognizance, giving this matter precedence\nover all other matters on its docket. If the person proves to the court by a\npreponderance of the evidence that the arresting law-enforcement officer did not\nhave probable cause for the arrest, or that the magistrate did not have probable\ncause to issue the warrant, the court shall rescind the impoundment. Upon\nrescission, the motor vehicle shall be released and the Commonwealth shall pay\nor reimburse the person for all reasonable costs of impoundment or\nimmobilization, including removal or storage costs paid or incurred by him.\nOtherwise, the court shall affirm the impoundment. If the person requesting the\nreview fails to appear without just cause, his right to review shall be waived.\n\t\t\tThe court’s findings are without prejudice to the person contesting the\nimpoundment or to any other potential party as to any proceedings, civil or\ncriminal, and shall not be evidence in any proceedings, civil or criminal.\n\nC. The owner or co-owner of any motor vehicle impounded or immobilized under\nsubsection A who was not the driver at the time of the violation may petition\nthe general district court in the jurisdiction where the violation occurred for\nthe release of his motor vehicle. The motor vehicle shall be released if the\nowner or co-owner proves by a preponderance of the evidence that he (i) did not\nknow that the offender’s driver’s license was suspended or revoked\nwhen he authorized the offender to drive such motor vehicle; (ii) did not know\nthat the offender had no operator’s license and that the operator had been\npreviously convicted of driving a motor vehicle without an operator’s\nlicense in violation of § 46.2-300 or a substantially similar ordinance of\nany county, city, or town or law in any other jurisdiction when he authorized\nthe offender to drive such motor vehicle; or (iii) did not consent to the\noperation of the motor vehicle by the offender. If the owner proves by a\npreponderance of the evidence that his immediate family has only one motor\nvehicle and will suffer a substantial hardship if that motor vehicle is\nimpounded or immobilized for the period of impoundment that otherwise would be\nimposed pursuant to this section, the court, in its discretion, may release the\nvehicle after some period of less than such impoundment period.\n\nD. Notwithstanding any provision of this section, a subsequent dismissal or\nacquittal of the charge of driving without an operator’s license or of\ndriving on a suspended or revoked license shall result in an immediate\nrescission of the impoundment or immobilization provided in subsection A. Upon\nrescission, the motor vehicle shall be released and the Commonwealth shall pay\nor reimburse the person for all reasonable costs of impoundment or\nimmobilization, including removal or storage costs, incurred or paid by him.\n\nE. Any person who knowingly authorizes the operation of a motor vehicle by (i) a\nperson he knows has had his driver’s license, learner’s permit, or\nprivilege to drive a motor vehicle suspended or revoked for any of the reasons\nset forth in subsection A or (ii) a person who he knows has no operator’s\nlicense and who he knows has been previously convicted of driving a motor\nvehicle without an operator’s license in violation of § 46.2-300 or a\nsubstantially similar ordinance of any county, city, or town or law in any other\njurisdiction shall be guilty of a Class 1 misdemeanor. Any person who knowingly\nauthorizes the operation of a motor vehicle by a (a) any person who he knows has\nno legal right to do so or (b) minor who he knows has no operator’s\nlicense or learner’s permit or who has a learner’s permit but who he\nknows will operate such motor vehicle in violation of any provision of §\n46.2-335 is guilty of Class 1 misdemeanor if such violation results in a motor\nvehicle accident that causes injury or death to any person, provided that such\nviolation does not otherwise constitute a felony.\n\nF. Notwithstanding the provisions of this section or § 46.2-301, nothing in\nthis section shall impede or infringe upon a valid lienholder’s rights to\ncure a default under an existing security agreement. Furthermore, such\nlienholder shall not be liable for any cost of impoundment or immobilization,\nincluding removal or storage expenses which may accrue pursuant to the\nprovisions of this section or § 46.2-301. In the event a lienholder\nrepossesses or removes a vehicle from storage pursuant to an existing security\nagreement, the Commonwealth shall pay all reasonable costs of impoundment or\nimmobilization, including removal and storage expenses, to any person or entity\nproviding such services to the Commonwealth, except to the extent such costs or\nexpenses have already been paid by the offender to such person or entity. Such\npayment shall be made within seven calendar days after a request is made by such\nperson or entity to the Commonwealth for payment. Nothing herein, however, shall\nrelieve the offender from liability to the Commonwealth for reimbursement or\npayment of all such reasonable costs and expenses.\n\nHISTORY: 1994, cc. 359, 363; 1994, 1st Sp. Sess., c. 10; 1995, cc. 426, 435;\n1997, cc. 378, 478, 691; 2005, c. 312; 2010, cc. 519, 829; 2021, Sp. Sess. I, c.\n463; 2025, cc. 366, 431.","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}}