{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.24.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.24.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.24.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.24.html"}],"law_id":67312,"edition_id":1,"section_id":67312,"structure_id":13626,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","history":"1989, c. 705, \u00a7 46.1-372.23; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616.","full_text":"A\n\nIt shall be unlawful for any person to drive or operate any commercial motor vehicle (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article; (ii) while such person is under the influence of alcohol; (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any commercial motor vehicle safely; (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any commercial motor vehicle safely; or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.B\n\nIt shall be unlawful and a lesser included offense of an offense under provision (i), (ii), or (iv) of subsection A of this section for a person to drive or operate a commercial motor vehicle while such person has a blood alcohol concentration of 0.04 percent or more by weight by volume or 0.04 grams or more per 210 liters of breath as indicated by a chemical test administered in accordance with the provisions of this article.","order_by":null,"text":{"0":{"id":243941,"text":"It shall be unlawful for any person to drive or operate any commercial motor vehicle (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article; (ii) while such person is under the influence of alcohol; (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any commercial motor vehicle safely; (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any commercial motor vehicle safely; or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243942,"text":"It shall be unlawful and a lesser included offense of an offense under provision (i), (ii), or (iv) of subsection A of this section for a person to drive or operate a commercial motor vehicle while such person has a blood alcohol concentration of 0.04 percent or more by weight by volume or 0.04 grams or more per 210 liters of breath as indicated by a chemical test administered in accordance with the provisions of this article.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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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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":79099,"structure_id":13626,"section_number":"46.2-341.23","catch_line":"Offenses under substantially similar laws","url":"\/46.2-341.23\/","token":"46.2\/II\/3\/6.1\/46.2-341.23","metadata":false},"next_section":{"id":61255,"structure_id":13626,"section_number":"46.2-341.25","catch_line":"Preliminary analysis of breath of commercial drivers to determine alcohol content of blood","url":"\/46.2-341.25\/","token":"46.2\/II\/3\/6.1\/46.2-341.25","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.24\/","history_text":"<p>This law was first created in 1989. The record of its establishment is cataloged in chapter 705 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1992, chapter 830; in 1994, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0359\">359<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0363\">363<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0616\">616<\/a>.<\/p>","references":[{"id":73688,"section_number":"15.2-1716","catch_line":"Reimbursement of expenses incurred in responding to DUI and related incidents","order_by":null,"url":"\/15.2-1716\/"},{"id":78808,"section_number":"16.1-69.48:1.01","catch_line":"Additional fee assessed for conviction of certain offenses","order_by":null,"url":"\/16.1-69.48_1.01\/"},{"id":64932,"section_number":"17.1-275.11","catch_line":"Additional fee assessed for conviction of certain offenses","order_by":null,"url":"\/17.1-275.11\/"},{"id":71034,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","order_by":null,"url":"\/18.2-269\/"},{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":81046,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","order_by":null,"url":"\/18.2-270.01\/"},{"id":80969,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","order_by":null,"url":"\/18.2-271\/"},{"id":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":56622,"section_number":"18.2-308.012","catch_line":"Prohibited conduct","order_by":null,"url":"\/18.2-308.012\/"},{"id":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"},{"id":74057,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","order_by":null,"url":"\/19.2-187.02\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":68842,"section_number":"19.2-52","catch_line":"When search warrant may issue","order_by":null,"url":"\/19.2-52\/"},{"id":62110,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","order_by":null,"url":"\/19.2-73\/"},{"id":60675,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","order_by":null,"url":"\/19.2-81\/"},{"id":71769,"section_number":"4.1-212.2","catch_line":"Third-party deliveries; limitations; penalties","order_by":null,"url":"\/4.1-212.2\/"},{"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":71126,"section_number":"46.2-223.1","catch_line":"Collection and reporting of data related to driving under the influence of alcohol, drugs, or a combination thereof","order_by":null,"url":"\/46.2-223.1\/"},{"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":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":86335,"section_number":"46.2-341.18","catch_line":"Disqualification for certain offenses","order_by":null,"url":"\/46.2-341.18\/"},{"id":73775,"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","order_by":null,"url":"\/46.2-341.18_1\/"},{"id":61255,"section_number":"46.2-341.25","catch_line":"Preliminary analysis of breath of commercial drivers to determine alcohol content of blood","order_by":null,"url":"\/46.2-341.25\/"},{"id":64689,"section_number":"46.2-341.26:10","catch_line":"Evidence","order_by":null,"url":"\/46.2-341.26_10\/"},{"id":75923,"section_number":"46.2-341.26:2","catch_line":"Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver","order_by":null,"url":"\/46.2-341.26_2\/"},{"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":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\/"},{"id":72166,"section_number":"46.2-341.26:5","catch_line":"Qualifications and liability of persons authorized to take blood samples; procedure for taking samples","order_by":null,"url":"\/46.2-341.26_5\/"},{"id":68995,"section_number":"46.2-341.26:8","catch_line":"Fees","order_by":null,"url":"\/46.2-341.26_8\/"},{"id":84778,"section_number":"46.2-341.26:9","catch_line":"Assurance of breath test validity; use of breath tests as evidence","order_by":null,"url":"\/46.2-341.26_9\/"},{"id":86700,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","order_by":null,"url":"\/46.2-341.27\/"},{"id":75919,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/46.2-341.28\/"},{"id":79763,"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","order_by":null,"url":"\/46.2-341.29\/"},{"id":71918,"section_number":"46.2-341.30","catch_line":"Disqualification for driving commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.30\/"},{"id":65847,"section_number":"46.2-384","catch_line":"Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers' conviction records","order_by":null,"url":"\/46.2-384\/"},{"id":59065,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions","order_by":null,"url":"\/46.2-389\/"},{"id":72043,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","order_by":null,"url":"\/46.2-391\/"},{"id":66643,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","order_by":null,"url":"\/46.2-391.2\/"},{"id":72992,"section_number":"46.2-391.4","catch_line":"When suspension to be rescinded","order_by":null,"url":"\/46.2-391.4\/"},{"id":60308,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","order_by":null,"url":"\/46.2-411\/"},{"id":86068,"section_number":"46.2-411.1","catch_line":"Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated","order_by":null,"url":"\/46.2-411.1\/"},{"id":82523,"section_number":"46.2-487","catch_line":"Statutes and ordinances deemed to cover offenses specified in subdivision (a) of Article IV of compact","order_by":null,"url":"\/46.2-487\/"},{"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\/"},{"id":63768,"section_number":"8.01-417","catch_line":"Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits","order_by":null,"url":"\/8.01-417\/"}],"refers_to":false,"permalink":{"id":226737,"object_type":"law","relational_id":67312,"identifier":"46.2-341.24","token":"46.2\/II\/3\/6.1\/46.2-341.24","url":"\/46.2-341.24\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.24\/","token":"46.2\/II\/3\/6.1\/46.2-341.24","dublin_core":{"Title":"Driving a commercial motor vehicle while intoxicated, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.24","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> It shall be unlawful for any <span class=\"dictionary\">person<\/span> to drive or operate any commercial <span class=\"dictionary\">motor vehicle<\/span> (i) while such <span class=\"dictionary\">person<\/span> has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article; (ii) while such <span class=\"dictionary\">person<\/span> is under the influence of alcohol; (iii) while such <span class=\"dictionary\">person<\/span> is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any commercial <span class=\"dictionary\">motor vehicle<\/span> safely; (iv) while such <span class=\"dictionary\">person<\/span> is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any commercial <span class=\"dictionary\">motor vehicle<\/span> safely; or (v) while such <span class=\"dictionary\">person<\/span> has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. <a id=\"paragraph-243941\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-341.24\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> It shall be unlawful and a <span class=\"dictionary\">lesser included offense<\/span> of an offense under provision (i), (ii), or (iv) of subsection A of this section for a <span class=\"dictionary\">person<\/span> to drive or operate a commercial <span class=\"dictionary\">motor vehicle<\/span> while such <span class=\"dictionary\">person<\/span> has a blood alcohol concentration of 0.04 percent or more by weight by volume or 0.04 grams or more per 210 liters of breath as indicated by a chemical test administered in accordance with the provisions of this article. <a id=\"paragraph-243942\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-341.24\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDRIVING A COMMERCIAL MOTOR VEHICLE WHILE INTOXICATED, ETC (\u00a7 46.2-341.24)\n\nA. It shall be unlawful for any person to drive or operate any commercial motor\nvehicle (i) while such person has a blood alcohol concentration of 0.08 percent\nor more by weight by volume or 0.08 grams per 210 liters of breath as indicated\nby a chemical test administered as provided in this article; (ii) while such\nperson is under the influence of alcohol; (iii) while such person is under the\ninfluence of any narcotic drug or any other self-administered intoxicant or drug\nof whatsoever nature, or any combination of such drugs, to a degree which\nimpairs his ability to drive or operate any commercial motor vehicle safely;\n(iv) while such person is under the combined influence of alcohol and any drug\nor drugs to a degree which impairs his ability to drive or operate any\ncommercial motor vehicle safely; or (v) while such person has a blood\nconcentration of any of the following substances at a level that is equal to or\ngreater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1\nmilligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of\nphencyclidine per liter of blood, or (d) 0.1 milligrams of\n3,4-methylenedioxymethamphetamine per liter of blood.\n\nB. It shall be unlawful and a lesser included offense of an offense under\nprovision (i), (ii), or (iv) of subsection A of this section for a person to\ndrive or operate a commercial motor vehicle while such person has a blood\nalcohol concentration of 0.04 percent or more by weight by volume or 0.04 grams\nor more per 210 liters of breath as indicated by a chemical test administered in\naccordance with the provisions of this article.\n\nHISTORY: 1989, c. 705, \u00a7 46.1-372.23; 1992, c. 830; 1994, cc. 359, 363; 2005,\nc. 616.","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}}