{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-301.html"}],"law_id":54237,"edition_id":1,"section_id":54237,"structure_id":12773,"section_number":"46.2-301","catch_line":"Driving while license, permit, or privilege to drive suspended or revoked","history":"Code 1950, \u00a7 46-347.1; 1952, c. 666; 1958, c. 541, \u00a7 46.1-350; 1960, c. 364; 1962, c. 302; 1964, c. 239; 1966, cc. 546, 589; 1968, c. 494; 1970, c. 507; 1984, c. 780; 1985, c. 232; 1988, c. 859; 1989, c. 727; 1991, c. 64; 1992, c. 273; 1993, c. 24; 1994, cc. 359, 363; 1997, c. 691; 2000, cc. 956, 982; 2004, cc. 461, 801, 948; 2009, cc. 390, 764; 2010, c. 519; 2017, c. 700; 2020, cc. 964, 965, 1018; 2021, Sp. Sess. I, c. 463; 2024, c. 543; 2025, c. 121.","full_text":"A\n\nIn addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver’s license, learner’s permit, or privilege to drive a motor vehicle has been (i) suspended or revoked for a violation of § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) administratively suspended under the provisions of § 46.2-391.2. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.B\n\nExcept as provided in § 46.2-304, no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.C\n\nA violation of subsection B is a Class 1 misdemeanor.D\n\nUpon a violation of subsection B, the court shall suspend the person’s license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked. In the event the person violated subsection B by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the person’s license, permit or privilege to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired. However, no such suspension shall extend beyond 10 years from the conviction date for such violation of subsection B, unless required by Article 6.1 (§ 46.2-341.1 et seq.).E\n\nAny person who is otherwise eligible for a restricted license may petition each court that suspended his license pursuant to subsection D for authorization for a restricted license, provided that the period of time for which the license was suspended by the court pursuant to subsection D, if measured from the date of conviction, has expired, even though the suspension itself has not expired. A court may, for good cause shown, authorize the Department of Motor Vehicles to issue a restricted license for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license shall be issued unless each court that issued a suspension of the person’s license pursuant to subsection D authorizes the Department to issue a restricted license. Any restricted license issued pursuant to this subsection shall be in effect until the expiration of any and all suspensions issued pursuant to subsection D, except that it shall automatically terminate upon the expiration, cancellation, suspension, or revocation of the person’s license or privilege to drive for any other cause. No restricted license issued pursuant to this subsection shall permit a person to operate a commercial motor vehicle as defined in the Commercial Driver’s License Act (§ 46.2-341.1 et seq.). The court shall forward to the Commissioner a copy of its authorization entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a license is issued as is reasonably necessary to identify the person. The court shall also provide a copy of its authorization to the person, who may not operate a motor vehicle until receipt from the Commissioner of a restricted license. A copy of the restricted license issued by the Commissioner shall be carried at all times while operating a motor vehicle.F\n\nAny person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272.G\n\nThe court may, in its discretion and where there have been no prior violations or convictions of this section within the past 10 years, dismiss the summons or warrant, where proof of compliance with this section is provided to the court on or before the court date, unless such person (i) possesses a commercial driver’s license or commercial learner’s permit, as those terms are defined in § 46.2-341.4, or (ii) was operating a commercial motor vehicle as defined in § 46.2-341.4. Where there has been a prior violation or violations, the court, in its discretion, may dismiss or amend the summons or warrant, where proof of substantial compliance has been provided to the court.","order_by":null,"text":{"0":{"id":199171,"text":"In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver’s license, learner’s permit, or privilege to drive a motor vehicle has been (i) suspended or revoked for a violation of § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) administratively suspended under the provisions of § 46.2-391.2. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199172,"text":"Except as provided in § 46.2-304, no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199173,"text":"A violation of subsection B is a Class 1 misdemeanor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":199174,"text":"Upon a violation of subsection B, the court shall suspend the person’s license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked. In the event the person violated subsection B by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the person’s license, permit or privilege to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired. However, no such suspension shall extend beyond 10 years from the conviction date for such violation of subsection B, unless required by Article 6.1 (§ 46.2-341.1 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":199175,"text":"Any person who is otherwise eligible for a restricted license may petition each court that suspended his license pursuant to subsection D for authorization for a restricted license, provided that the period of time for which the license was suspended by the court pursuant to subsection D, if measured from the date of conviction, has expired, even though the suspension itself has not expired. A court may, for good cause shown, authorize the Department of Motor Vehicles to issue a restricted license for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license shall be issued unless each court that issued a suspension of the person’s license pursuant to subsection D authorizes the Department to issue a restricted license. Any restricted license issued pursuant to this subsection shall be in effect until the expiration of any and all suspensions issued pursuant to subsection D, except that it shall automatically terminate upon the expiration, cancellation, suspension, or revocation of the person’s license or privilege to drive for any other cause. No restricted license issued pursuant to this subsection shall permit a person to operate a commercial motor vehicle as defined in the Commercial Driver’s License Act (§ 46.2-341.1 et seq.). The court shall forward to the Commissioner a copy of its authorization entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a license is issued as is reasonably necessary to identify the person. The court shall also provide a copy of its authorization to the person, who may not operate a motor vehicle until receipt from the Commissioner of a restricted license. A copy of the restricted license issued by the Commissioner shall be carried at all times while operating a motor vehicle.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":199176,"text":"Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":199177,"text":"The court may, in its discretion and where there have been no prior violations or convictions of this section within the past 10 years, dismiss the summons or warrant, where proof of compliance with this section is provided to the court on or before the court date, unless such person (i) possesses a commercial driver’s license or commercial learner’s permit, as those terms are defined in § 46.2-341.4, or (ii) was operating a commercial motor vehicle as defined in § 46.2-341.4. Where there has been a prior violation or violations, the court, in its discretion, may dismiss or amend the summons or warrant, where proof of substantial compliance has been provided to the court.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_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","url":"\/46.2-301.1\/","token":"46.2\/II\/3\/1\/46.2-301.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-301\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 25 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 1952, chapter 666; in 1958, chapter 541; in 1960, chapter 364; in 1962, chapter 302; in 1964, chapter 239; in 1966, chapters 546 and 589; in 1968, chapter 494; in 1970, chapter 507; in 1984, chapter 780; in 1985, chapter 232; in 1988, chapter 859; in 1989, chapter 727; in 1991, chapter 64; in 1992, chapter 273; in 1993, chapter 24; in 1994, chapters 359<\/a> and 363<\/a>; in 1997, chapter 691<\/a>; in 2000, chapters 956<\/a> and 982<\/a>; in 2004, chapters 461<\/a>, 801<\/a>, and 948<\/a>; in 2009, chapters 390<\/a> and 764<\/a>; in 2010, chapter 519<\/a>; in 2017, chapter 700<\/a>; in 2020, chapters 964<\/a>, 965<\/a>, and 1018<\/a>; in 2024, chapter 543<\/a>; in 2025, chapter 121<\/a>.<\/p>","references":[{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":58970,"section_number":"19.2-327.15","catch_line":"Definitions","order_by":null,"url":"\/19.2-327.15\/"},{"id":63452,"section_number":"46.2-2099.49","catch_line":"Requirements for TNC partners; mandatory background screening; drug and alcohol policy; mandatory disclosures to TNC partners; duty of TNC partners to provide updated information to transportation network companies","order_by":null,"url":"\/46.2-2099.49\/"},{"id":53958,"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","order_by":null,"url":"\/46.2-301.1\/"},{"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":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":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":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":81229,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","order_by":null,"url":"\/46.2-936\/"}],"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":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":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"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":53958,"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","order_by":null,"url":"\/46.2-301.1\/"},{"id":55975,"section_number":"46.2-304","catch_line":"Limited operation of farm tractor by persons convicted of driving under influence of intoxicants or drugs","order_by":null,"url":"\/46.2-304\/"},{"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":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"},{"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":225637,"object_type":"law","relational_id":54237,"identifier":"46.2-301","token":"46.2\/II\/3\/1\/46.2-301","url":"\/46.2-301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-301\/","token":"46.2\/II\/3\/1\/46.2-301","dublin_core":{"Title":"Driving while license, permit, or privilege to drive suspended or revoked","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to any other penalty<\/span> provided by this section, any motor vehicle<\/span> administratively impounded or immobilized under the provisions of § 46.2-301.1<\/a> may, in the discretion of the court<\/span>, be impounded or immobilized for an additional period of up to 90 days upon conviction<\/span> of an offender for driving while his driver<\/span>’s license, learner’s permit, or privilege<\/span> to drive a motor vehicle<\/span> has been (i) suspended or revoked for a violation of § 18.2-36.1<\/a>, 18.2-51.4<\/a>, 18.2-266<\/a>, 18.2-272<\/a>, or 46.2-341.24<\/a> or a substantially similar ordinance<\/span> or law<\/span> in any other jurisdiction<\/span> or (ii) administratively suspended under the provisions of § 46.2-391.2<\/a>. However, if, at the time of the violation, the offender was driving a motor vehicle<\/span> owned by another person, the court<\/span> shall have no jurisdiction<\/span> over such motor vehicle<\/span> but may order<\/span> the impoundment or immobilization of a motor vehicle<\/span> owned solely by the offender at the time of arrest<\/span>. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in § 46.2-304<\/a>, no resident or nonresident<\/span> (i) whose driver<\/span>’s license, learner’s permit, or privilege<\/span> to drive a motor vehicle<\/span> has been suspended or revoked or (ii) who has been directed not to drive by any court<\/span> or by the Commissioner<\/span>, or (iii) who has been forbidden, as prescribed by operation of any statute<\/span> of the Commonwealth or a substantially similar ordinance<\/span> of any county, city or town, to operate a motor vehicle<\/span> in the Commonwealth shall thereafter drive any motor vehicle<\/span> or any self-propelled machinery or equipment on any highway<\/span> in the Commonwealth until the period of such suspension<\/span> or revocation<\/span> has terminated or the privilege<\/span> has been reinstated or a restricted license is issued pursuant to subsection E. For the purposes of this section, the phrase “motor vehicle<\/span> or any self-propelled machinery or equipment” shall not include mopeds<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A violation of subsection B is a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon a violation of subsection B, the court<\/span> shall suspend<\/span> the person’s license or privilege<\/span> to drive a motor vehicle<\/span> for the same period for which it had been previously suspended or revoked. In the event the person violated subsection B by driving during a period of suspension<\/span> or revocation<\/span> which was not for a definite period of time, the court<\/span> shall suspend<\/span> the person’s license, permit or privilege<\/span> to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension<\/span> or revocation<\/span> or to commence immediately if the previous suspension<\/span> or revocation<\/span> has expired. However, no such suspension<\/span> shall extend beyond 10 years from the conviction<\/span> date for such violation of subsection B, unless required by Article 6.1 (§ 46.2-341.1<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person who is otherwise eligible for a restricted license may petition<\/span> each court<\/span> that suspended his license pursuant to subsection D for authorization for a restricted license, provided that the period of time for which the license was suspended by the court<\/span> pursuant to subsection D, if measured from the date of conviction<\/span>, has expired, even though the suspension<\/span> itself has not expired. A court<\/span> may, for good cause shown, authorize the Department<\/span> of Motor Vehicles<\/span> to issue<\/span> a restricted license for any of the purposes set forth in subsection E of § 18.2-271.1<\/a>. No restricted license shall be issued unless each court<\/span> that issued a suspension<\/span> of the person’s license pursuant to subsection D authorizes the Department<\/span> to issue<\/span> a restricted license. Any restricted license issued pursuant to this subsection shall be in effect until the expiration of any and all suspensions<\/span> issued pursuant to subsection D, except that it shall automatically terminate upon the expiration, cancellation<\/span>, suspension<\/span>, or revocation<\/span> of the person’s license or privilege<\/span> to drive for any other cause. No restricted license issued pursuant to this subsection shall permit a person to operate a commercial motor vehicle<\/span> as defined in the Commercial Driver<\/span>’s License Act (§ 46.2-341.1<\/a> et seq.). The court<\/span> shall forward to the Commissioner<\/span> a copy of its authorization entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a license is issued as is reasonably necessary to identify the person. The court<\/span> shall also provide a copy of its authorization to the person, who may not operate a motor vehicle<\/span> until receipt from the Commissioner<\/span> of a restricted license. A copy of the restricted license issued by the Commissioner<\/span> shall be carried at all times while operating a motor vehicle<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person who operates a motor vehicle<\/span> or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1<\/a> is not guilty of a violation of this section but is guilty of a violation of § 18.2-272<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The court<\/span> may, in its discretion and where there have been no prior violations or convictions<\/span> of this section within the past 10 years, dismiss the summons<\/span> or warrant, where proof of compliance with this section is provided to the court<\/span> on or before the court<\/span> date, unless such person (i) possesses a commercial driver<\/span>’s license or commercial learner’s permit, as those terms are defined in § 46.2-341.4<\/a>, or (ii) was operating a commercial motor vehicle<\/span> as defined in § 46.2-341.4<\/a>. Where there has been a prior violation or violations, the court<\/span>, in its discretion, may dismiss or amend<\/span> the summons<\/span> or warrant, where proof of substantial compliance has been provided to the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDRIVING WHILE LICENSE, PERMIT, OR PRIVILEGE TO DRIVE SUSPENDED OR REVOKED (\u00a7\n46.2-301)\n\nA. In addition to any other penalty provided by this section, any motor vehicle\nadministratively impounded or immobilized under the provisions of §\n46.2-301.1 may, in the discretion of the court, be impounded or immobilized for\nan additional period of up to 90 days upon conviction of an offender for driving\nwhile his driver’s license, learner’s permit, or privilege to drive\na motor vehicle has been (i) suspended or revoked for a violation of §\n18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantially\nsimilar ordinance or law in any other jurisdiction or (ii) administratively\nsuspended under the provisions of § 46.2-391.2. However, if, at the time of\nthe violation, the offender was driving a motor vehicle owned by another person,\nthe court shall have no jurisdiction over such motor vehicle but may order the\nimpoundment or immobilization of a motor vehicle owned solely by the offender at\nthe time of arrest. All costs of impoundment or immobilization, including\nremoval or storage expenses, shall be paid by the offender prior to the release\nof his motor vehicle.\n\nB. Except as provided in § 46.2-304, no resident or nonresident (i) whose\ndriver’s license, learner’s permit, or privilege to drive a motor\nvehicle has been suspended or revoked or (ii) who has been directed not to drive\nby any court or by the Commissioner, or (iii) who has been forbidden, as\nprescribed by operation of any statute of the Commonwealth or a substantially\nsimilar ordinance of any county, city or town, to operate a motor vehicle in the\nCommonwealth shall thereafter drive any motor vehicle or any self-propelled\nmachinery or equipment on any highway in the Commonwealth until the period of\nsuch suspension or revocation has terminated or the privilege has been\nreinstated or a restricted license is issued pursuant to subsection E. For the\npurposes of this section, the phrase “motor vehicle or any self-propelled\nmachinery or equipment” shall not include mopeds.\n\nC. A violation of subsection B is a Class 1 misdemeanor.\n\nD. Upon a violation of subsection B, the court shall suspend the person’s\nlicense or privilege to drive a motor vehicle for the same period for which it\nhad been previously suspended or revoked. In the event the person violated\nsubsection B by driving during a period of suspension or revocation which was\nnot for a definite period of time, the court shall suspend the person’s\nlicense, permit or privilege to drive for an additional period not to exceed 90\ndays, to commence upon the expiration of the previous suspension or revocation\nor to commence immediately if the previous suspension or revocation has expired.\nHowever, no such suspension shall extend beyond 10 years from the conviction\ndate for such violation of subsection B, unless required by Article 6.1 (§\n46.2-341.1 et seq.).\n\nE. Any person who is otherwise eligible for a restricted license may petition\neach court that suspended his license pursuant to subsection D for authorization\nfor a restricted license, provided that the period of time for which the license\nwas suspended by the court pursuant to subsection D, if measured from the date\nof conviction, has expired, even though the suspension itself has not expired. A\ncourt may, for good cause shown, authorize the Department of Motor Vehicles to\nissue a restricted license for any of the purposes set forth in subsection E of\n§ 18.2-271.1. No restricted license shall be issued unless each court that\nissued a suspension of the person’s license pursuant to subsection D\nauthorizes the Department to issue a restricted license. Any restricted license\nissued pursuant to this subsection shall be in effect until the expiration of\nany and all suspensions issued pursuant to subsection D, except that it shall\nautomatically terminate upon the expiration, cancellation, suspension, or\nrevocation of the person’s license or privilege to drive for any other\ncause. No restricted license issued pursuant to this subsection shall permit a\nperson to operate a commercial motor vehicle as defined in the Commercial\nDriver’s License Act (§ 46.2-341.1 et seq.). The court shall forward\nto the Commissioner a copy of its authorization entered pursuant to this\nsubsection, which shall specifically enumerate the restrictions imposed and\ncontain such information regarding the person to whom such a license is issued\nas is reasonably necessary to identify the person. The court shall also provide\na copy of its authorization to the person, who may not operate a motor vehicle\nuntil receipt from the Commissioner of a restricted license. A copy of the\nrestricted license issued by the Commissioner shall be carried at all times\nwhile operating a motor vehicle.\n\nF. Any person who operates a motor vehicle or any self-propelled machinery or\nequipment in violation of the terms of a restricted license issued pursuant to\nsubsection E of § 18.2-271.1 is not guilty of a violation of this section\nbut is guilty of a violation of § 18.2-272.\n\nG. The court may, in its discretion and where there have been no prior\nviolations or convictions of this section within the past 10 years, dismiss the\nsummons or warrant, where proof of compliance with this section is provided to\nthe court on or before the court date, unless such person (i) possesses a\ncommercial driver’s license or commercial learner’s permit, as those\nterms are defined in § 46.2-341.4, or (ii) was operating a commercial motor\nvehicle as defined in § 46.2-341.4. Where there has been a prior violation\nor violations, the court, in its discretion, may dismiss or amend the summons or\nwarrant, where proof of substantial compliance has been provided to the court.\n\nHISTORY: Code 1950, \u00a7 46-347.1; 1952, c. 666; 1958, c. 541, \u00a7 46.1-350; 1960,\nc. 364; 1962, c. 302; 1964, c. 239; 1966, cc. 546, 589; 1968, c. 494; 1970, c.\n507; 1984, c. 780; 1985, c. 232; 1988, c. 859; 1989, c. 727; 1991, c. 64; 1992,\nc. 273; 1993, c. 24; 1994, cc. 359, 363; 1997, c. 691; 2000, cc. 956, 982; 2004,\ncc. 461, 801, 948; 2009, cc. 390, 764; 2010, c. 519; 2017, c. 700; 2020, cc.\n964, 965, 1018; 2021, Sp. Sess. I, c. 463; 2024, c. 543; 2025, c. 121.","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}}