{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.18_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.18_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.18_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.18_1.html"}],"law_id":73775,"edition_id":1,"section_id":73775,"structure_id":13626,"section_number":"46.2-341.18:1","catch_line":"Disqualification for certain alcohol-related offenses committed in other jurisdictions whose laws provide for disqualification for such offenses without a conviction","history":"2002, c. 724; 2005, c. 513.","full_text":"A\n\nNotwithstanding the provisions of \u00a7 46.2-341.18 that require the Commissioner act to disqualify only on the basis of conviction records for certain offenses committed while operating a commercial motor vehicle, the Commissioner shall also act to disqualify, as provided in \u00a7 46.2-341.18, where he has received a record from another jurisdiction indicating that a Virginia licensee has been disqualified in that jurisdiction, solely as a result of his violation in that jurisdiction, of either of the two offenses listed in subdivisions 1 and 2, committed while operating a commercial motor vehicle, even though the disqualification was imposed as the result of an administrative or civil action and there was no court proceeding that could result in a conviction for such offense. The two offenses for which such action shall be taken are:1\n\nOperation of a commercial motor vehicle with a blood alcohol content of 0.04 percent or more, or2\n\nRefusal to submit to a chemical test to determine the alcohol or drug content of blood or breath of the operator of a commercial motor vehicle under the implied consent laws of that jurisdiction.B\n\nThe Commissioner shall treat such a record of disqualification as though it were a conviction record from that jurisdiction under a law substantially similar to subsection B of § 46.2-341.24 or § 46.2-341.26:4, respectively, for purposes of implementing the disqualification provisions of § 46.2-341.18. Such treatment as a conviction for purposes of § 46.2-341.18 shall be applicable only if the disqualification action is final and unappealable or has been appealed and the appeal dismissed or the action affirmed and no further appeals are possible under the laws of the jurisdiction wherein the offense was committed, and only if the disqualification period imposed by that jurisdiction is at least as long as the periods set out in § 46.2-341.18 for such an offense. If the Commissioner receives notice from a jurisdiction that a Virginia licensee has been subject to an administrative action or civil judgment resulting from a violation of subdivision A 1 or A 2, committed while operating a commercial motor vehicle, the Commissioner shall treat such notice as a conviction for the purposes of this article.C\n\nIn no case shall the Commissioner act more than once to disqualify a Virginia licensee for any single violation committed in another jurisdiction, even though such violation may be reported by that jurisdiction as both an administrative or civil disqualification action and as a conviction from a court in that jurisdiction. Moreover, the Commissioner shall rescind a disqualification imposed pursuant to this section if the disqualification has been vacated or rescinded by the other jurisdiction as a result of the licensee’s acquittal in the court proceedings, or the dismissal of those proceedings, in that jurisdiction.","order_by":null,"text":{"0":{"id":265293,"text":"Notwithstanding the provisions of \u00a7 46.2-341.18 that require the Commissioner act to disqualify only on the basis of conviction records for certain offenses committed while operating a commercial motor vehicle, the Commissioner shall also act to disqualify, as provided in \u00a7 46.2-341.18, where he has received a record from another jurisdiction indicating that a Virginia licensee has been disqualified in that jurisdiction, solely as a result of his violation in that jurisdiction, of either of the two offenses listed in subdivisions 1 and 2, committed while operating a commercial motor vehicle, even though the disqualification was imposed as the result of an administrative or civil action and there was no court proceeding that could result in a conviction for such offense. The two offenses for which such action shall be taken are:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":265294,"text":"Operation of a commercial motor vehicle with a blood alcohol content of 0.04 percent or more, or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":265295,"text":"Refusal to submit to a chemical test to determine the alcohol or drug content of blood or breath of the operator of a commercial motor vehicle under the implied consent laws of that jurisdiction.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":265296,"text":"The Commissioner shall treat such a record of disqualification as though it were a conviction record from that jurisdiction under a law substantially similar to subsection B of § 46.2-341.24 or § 46.2-341.26:4, respectively, for purposes of implementing the disqualification provisions of § 46.2-341.18. Such treatment as a conviction for purposes of § 46.2-341.18 shall be applicable only if the disqualification action is final and unappealable or has been appealed and the appeal dismissed or the action affirmed and no further appeals are possible under the laws of the jurisdiction wherein the offense was committed, and only if the disqualification period imposed by that jurisdiction is at least as long as the periods set out in § 46.2-341.18 for such an offense. If the Commissioner receives notice from a jurisdiction that a Virginia licensee has been subject to an administrative action or civil judgment resulting from a violation of subdivision A 1 or A 2, committed while operating a commercial motor vehicle, the Commissioner shall treat such notice as a conviction for the purposes of this article.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":265297,"text":"In no case shall the Commissioner act more than once to disqualify a Virginia licensee for any single violation committed in another jurisdiction, even though such violation may be reported by that jurisdiction as both an administrative or civil disqualification action and as a conviction from a court in that jurisdiction. Moreover, the Commissioner shall rescind a disqualification imposed pursuant to this section if the disqualification has been vacated or rescinded by the other jurisdiction as a result of the licensee’s acquittal in the court proceedings, or the dismissal of those proceedings, in that jurisdiction.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","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":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's permit","url":"\/46.2-341.10\/","token":"46.2\/II\/3\/6.1\/46.2-341.10","metadata":false},{"id":55427,"structure_id":13626,"section_number":"46.2-341.10:1","catch_line":"Seasonal restricted commercial drivers' licenses","url":"\/46.2-341.10_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.10_1","metadata":false},{"id":80884,"structure_id":13626,"section_number":"46.2-341.11","catch_line":"Commercial drivers required to notify the Department of change of address","url":"\/46.2-341.11\/","token":"46.2\/II\/3\/6.1\/46.2-341.11","metadata":false},{"id":72843,"structure_id":13626,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","url":"\/46.2-341.12\/","token":"46.2\/II\/3\/6.1\/46.2-341.12","metadata":false},{"id":69557,"structure_id":13626,"section_number":"46.2-341.13","catch_line":"Disposition of fees","url":"\/46.2-341.13\/","token":"46.2\/II\/3\/6.1\/46.2-341.13","metadata":false},{"id":56197,"structure_id":13626,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; 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use of breath tests as evidence","url":"\/46.2-341.26_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","metadata":false},{"id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","metadata":false},{"id":75919,"structure_id":13626,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","url":"\/46.2-341.28\/","token":"46.2\/II\/3\/6.1\/46.2-341.28","metadata":false},{"id":79763,"structure_id":13626,"section_number":"46.2-341.29","catch_line":"Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04","url":"\/46.2-341.29\/","token":"46.2\/II\/3\/6.1\/46.2-341.29","metadata":false},{"id":68020,"structure_id":13626,"section_number":"46.2-341.3","catch_line":"Conflicts; supplement to driver licensing statutes","url":"\/46.2-341.3\/","token":"46.2\/II\/3\/6.1\/46.2-341.3","metadata":false},{"id":71918,"structure_id":13626,"section_number":"46.2-341.30","catch_line":"Disqualification for driving commercial motor vehicle while intoxicated, etc","url":"\/46.2-341.30\/","token":"46.2\/II\/3\/6.1\/46.2-341.30","metadata":false},{"id":78117,"structure_id":13626,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","url":"\/46.2-341.31\/","token":"46.2\/II\/3\/6.1\/46.2-341.31","metadata":false},{"id":77588,"structure_id":13626,"section_number":"46.2-341.32","catch_line":"Authority to enter into agreements","url":"\/46.2-341.32\/","token":"46.2\/II\/3\/6.1\/46.2-341.32","metadata":false},{"id":80768,"structure_id":13626,"section_number":"46.2-341.33","catch_line":"Repealed","url":"\/46.2-341.33\/","token":"46.2\/II\/3\/6.1\/46.2-341.33","metadata":false},{"id":80048,"structure_id":13626,"section_number":"46.2-341.34","catch_line":"Appeals","url":"\/46.2-341.34\/","token":"46.2\/II\/3\/6.1\/46.2-341.34","metadata":false},{"id":66116,"structure_id":13626,"section_number":"46.2-341.4","catch_line":"Definitions","url":"\/46.2-341.4\/","token":"46.2\/II\/3\/6.1\/46.2-341.4","metadata":false},{"id":66547,"structure_id":13626,"section_number":"46.2-341.5","catch_line":"Regulations consistent with Commercial Motor Vehicle Safety Act","url":"\/46.2-341.5\/","token":"46.2\/II\/3\/6.1\/46.2-341.5","metadata":false},{"id":77056,"structure_id":13626,"section_number":"46.2-341.6","catch_line":"Limitation on number of driver's licenses","url":"\/46.2-341.6\/","token":"46.2\/II\/3\/6.1\/46.2-341.6","metadata":false},{"id":81981,"structure_id":13626,"section_number":"46.2-341.7","catch_line":"Commercial driver's license required; penalty","url":"\/46.2-341.7\/","token":"46.2\/II\/3\/6.1\/46.2-341.7","metadata":false},{"id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","metadata":false},{"id":67339,"structure_id":13626,"section_number":"46.2-341.9","catch_line":"Eligibility for commercial driver's license or commercial learner's permit","url":"\/46.2-341.9\/","token":"46.2\/II\/3\/6.1\/46.2-341.9","metadata":false},{"id":84925,"structure_id":13626,"section_number":"46.2-341.9:01","catch_line":"Specialized training required","url":"\/46.2-341.9_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_01","metadata":false},{"id":75974,"structure_id":13626,"section_number":"46.2-341.9:1","catch_line":"Commissioner to grant variances for commercial drivers transporting hazardous wastes","url":"\/46.2-341.9_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_1","metadata":false}],"previous_section":{"id":73592,"structure_id":13626,"section_number":"46.2-341.18:01","catch_line":"Disqualification for violation of out-of-service order; commercial motor vehicle designed to transport 16 or more passengers; commercial motor vehicle used to transport hazardous materials","url":"\/46.2-341.18_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.18_01","metadata":false},"next_section":{"id":54595,"structure_id":13626,"section_number":"46.2-341.18:2","catch_line":"Disqualification for use of urine-masking agent or device","url":"\/46.2-341.18_2\/","token":"46.2\/II\/3\/6.1\/46.2-341.18_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.18:1\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 724<\/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 1 time. 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. That modification is as follows: in 2005, chapter 513<\/a>.<\/p>","references":false,"refers_to":[{"id":86335,"section_number":"46.2-341.18","catch_line":"Disqualification for certain offenses","order_by":null,"url":"\/46.2-341.18\/"},{"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":67575,"section_number":"46.2-341.26:4","catch_line":"Appeal and trial; sanctions for refusal; procedures","order_by":null,"url":"\/46.2-341.26_4\/"}],"permalink":{"id":226673,"object_type":"law","relational_id":73775,"identifier":"46.2-341.18:1","token":"46.2\/II\/3\/6.1\/46.2-341.18_1","url":"\/46.2-341.18_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.18_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.18_1","dublin_core":{"Title":"Disqualification for certain alcohol-related offenses committed in other jurisdictions whose laws provide for disqualification for such offenses without a conviction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.18:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of \u00a7 46.2-341.18<\/a> that require the Commissioner<\/span> act to disqualify only on the basis of conviction<\/span> records for certain offenses<\/span> committed while operating a commercial motor vehicle<\/span>, the Commissioner<\/span> shall also act to disqualify, as provided in \u00a7 46.2-341.18<\/a>, where he has received a record from another jurisdiction<\/span> indicating that a Virginia licensee has been disqualified in that jurisdiction<\/span>, solely as a result of his violation in that jurisdiction<\/span>, of either of the two offenses<\/span> listed in subdivisions 1 and 2, committed while operating a commercial motor vehicle<\/span>, even though the disqualification<\/span> was imposed as the result of an administrative or civil action<\/span> and there was no court<\/span> proceeding that could result in a conviction<\/span> for such offense<\/span>. The two offenses<\/span> for which such action shall be taken are: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Operation of a commercial motor vehicle<\/span> with a blood alcohol content of 0.04 percent or more, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Refusal to submit to a chemical test to determine the alcohol or drug content of blood or breath of the operator<\/span> of a commercial motor vehicle<\/span> under the implied consent laws<\/span> of that jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall treat such a record of disqualification<\/span> as though it were a conviction<\/span> record from that jurisdiction<\/span> under a law<\/span> substantially similar to subsection B of § 46.2-341.24<\/a> or § 46.2-341.26:4<\/a>, respectively, for purposes of implementing the disqualification<\/span> provisions of § 46.2-341.18<\/a>. Such treatment as a conviction<\/span> for purposes of § 46.2-341.18<\/a> shall be applicable only if the disqualification<\/span> action is final and unappealable or has been appealed and the appeal<\/span> dismissed or the action affirmed<\/span> and no further appeals<\/span> are possible under the laws<\/span> of the jurisdiction<\/span> wherein the offense<\/span> was committed, and only if the disqualification<\/span> period imposed by that jurisdiction<\/span> is at least as long as the periods set out in § 46.2-341.18<\/a> for such an offense<\/span>. If the Commissioner<\/span> receives notice from a jurisdiction<\/span> that a Virginia licensee has been subject to an administrative action or civil judgment<\/span> resulting from a violation of subdivision A 1 or A 2, committed while operating a commercial motor vehicle<\/span>, the Commissioner<\/span> shall treat such notice as a conviction<\/span> for the purposes of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In no case shall the Commissioner<\/span> act more than once to disqualify a Virginia licensee for any single violation committed in another jurisdiction<\/span>, even though such violation may be reported by that jurisdiction<\/span> as both an administrative or civil disqualification<\/span> action and as a conviction<\/span> from a court<\/span> in that jurisdiction<\/span>. Moreover, the Commissioner<\/span> shall rescind a disqualification<\/span> imposed pursuant to this section if the disqualification<\/span> has been vacated or rescinded by the other jurisdiction<\/span> as a result of the licensee’s acquittal<\/span> in the court<\/span> proceedings, or the dismissal<\/span> of those proceedings, in that jurisdiction<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISQUALIFICATION FOR CERTAIN ALCOHOL-RELATED OFFENSES COMMITTED IN OTHER\nJURISDICTIONS WHOSE LAWS PROVIDE FOR DISQUALIFICATION FOR SUCH OFFENSES WITHOUT\nA CONVICTION (\u00a7 46.2-341.18:1)\n\nA. Notwithstanding the provisions of \u00a7 46.2-341.18 that require the\nCommissioner act to disqualify only on the basis of conviction records for\ncertain offenses committed while operating a commercial motor vehicle, the\nCommissioner shall also act to disqualify, as provided in \u00a7 46.2-341.18, where\nhe has received a record from another jurisdiction indicating that a Virginia\nlicensee has been disqualified in that jurisdiction, solely as a result of his\nviolation in that jurisdiction, of either of the two offenses listed in\nsubdivisions 1 and 2, committed while operating a commercial motor vehicle, even\nthough the disqualification was imposed as the result of an administrative or\ncivil action and there was no court proceeding that could result in a conviction\nfor such offense. The two offenses for which such action shall be taken are:\n\n 1. Operation of a commercial motor vehicle with a blood alcohol content of\n 0.04 percent or more, or\n\n 2. Refusal to submit to a chemical test to determine the alcohol or drug\n content of blood or breath of the operator of a commercial motor vehicle under\n the implied consent laws of that jurisdiction.\n\nB. The Commissioner shall treat such a record of disqualification as though it\nwere a conviction record from that jurisdiction under a law substantially\nsimilar to subsection B of § 46.2-341.24 or § 46.2-341.26:4,\nrespectively, for purposes of implementing the disqualification provisions of\n§ 46.2-341.18. Such treatment as a conviction for purposes of §\n46.2-341.18 shall be applicable only if the disqualification action is final and\nunappealable or has been appealed and the appeal dismissed or the action\naffirmed and no further appeals are possible under the laws of the jurisdiction\nwherein the offense was committed, and only if the disqualification period\nimposed by that jurisdiction is at least as long as the periods set out in\n§ 46.2-341.18 for such an offense. If the Commissioner receives notice from\na jurisdiction that a Virginia licensee has been subject to an administrative\naction or civil judgment resulting from a violation of subdivision A 1 or A 2,\ncommitted while operating a commercial motor vehicle, the Commissioner shall\ntreat such notice as a conviction for the purposes of this article.\n\nC. In no case shall the Commissioner act more than once to disqualify a Virginia\nlicensee for any single violation committed in another jurisdiction, even though\nsuch violation may be reported by that jurisdiction as both an administrative or\ncivil disqualification action and as a conviction from a court in that\njurisdiction. Moreover, the Commissioner shall rescind a disqualification\nimposed pursuant to this section if the disqualification has been vacated or\nrescinded by the other jurisdiction as a result of the licensee’s\nacquittal in the court proceedings, or the dismissal of those proceedings, in\nthat jurisdiction.\n\nHISTORY: 2002, c. 724; 2005, c. 513.","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}}