{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-389.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-389.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-389.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-389.html"}],"law_id":59065,"edition_id":1,"section_id":59065,"structure_id":14811,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions","history":"Code 1950, \u00a7 46-416; 1958, cc. 496, 541, \u00a7 46.1-417; 1960, c. 364; 1966, c. 238; 1974, c. 453; 1976, cc. 612, 691; 1982, c. 301; 1984, c. 780; 1988, c. 860; 1989, cc. 705, 727; 1990, c. 949; 1992, cc. 109, 891; 1997, cc. 486, 691; 1999, cc. 945, 987; 2000, cc. 956, 959, 982, 985.","full_text":"A\n\nThe Commissioner shall forthwith revoke, and not thereafter reissue for a period of time specified in subsection B, except as provided in \u00a7 18.2-271 or \u00a7 18.2-271.1, the driver’s license of any resident or nonresident on receiving a record of his conviction or a record of his having been found guilty in the case of a juvenile of any of the following crimes, committed in violation of a state law or a valid county, city, or town ordinance or law of the United States, or a law of any other state, substantially paralleling and substantially conforming to a like state law and to all changes and amendments of it:1\n\nVoluntary or involuntary manslaughter resulting from the driving of a motor vehicle;2\n\nViolation of § 18.2-266 or § 18.2-272, or subsection A of § 46.2-341.24 or violation of a substantially similar local ordinance;3\n\nPerjury or the making of a false affidavit to the Department under this chapter or any other law of the Commonwealth requiring the registration of motor vehicles or regulating their operation on the highways;4\n\nThe making of a false statement to the Department on any application for a driver’s license;5\n\nAny crime punishable as a felony under the motor vehicle laws of the Commonwealth or any other felony in the commission of which a motor vehicle is used;6\n\nFailure to stop and disclose his identity at the scene of the accident, on the part of a driver of a motor vehicle involved in an accident resulting in the death of or injury to another person; or7\n\nViolation of § 18.2-36.1 or § 18.2-51.4.B\n\nUpon conviction of an offense set forth in subsection A, the person’s driver’s license shall be revoked for one year; however, for a violation of subdivision A 1 or A 7, the driver’s license shall be revoked as provided in subsection B of § 46.2-391. However, in no such event shall the Commissioner reinstate the driver’s license of any person convicted of a violation of § 18.2-266, or of a substantially similar valid local ordinance or law of another jurisdiction, until receipt of notification that such person has successfully completed an alcohol safety action program if such person was required by a court to do so unless the requirement for completion of the program has been waived by the court for good cause shown.","order_by":null,"text":{"0":{"id":216605,"text":"The Commissioner shall forthwith revoke, and not thereafter reissue for a period of time specified in subsection B, except as provided in \u00a7 18.2-271 or \u00a7 18.2-271.1, the driver’s license of any resident or nonresident on receiving a record of his conviction or a record of his having been found guilty in the case of a juvenile of any of the following crimes, committed in violation of a state law or a valid county, city, or town ordinance or law of the United States, or a law of any other state, substantially paralleling and substantially conforming to a like state law and to all changes and amendments of it:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":216606,"text":"Voluntary or involuntary manslaughter resulting from the driving of a motor vehicle;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":216607,"text":"Violation of § 18.2-266 or § 18.2-272, or subsection A of § 46.2-341.24 or violation of a substantially similar local ordinance;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":216608,"text":"Perjury or the making of a false affidavit to the Department under this chapter or any other law of the Commonwealth requiring the registration of motor vehicles or regulating their operation on the highways;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":216609,"text":"The making of a false statement to the Department on any application for a driver’s license;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":216610,"text":"Any crime punishable as a felony under the motor vehicle laws of the Commonwealth or any other felony in the commission of which a motor vehicle is used;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":216611,"text":"Failure to stop and disclose his identity at the scene of the accident, on the part of a driver of a motor vehicle involved in an accident resulting in the death of or injury to another person; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":216612,"text":"Violation of § 18.2-36.1 or § 18.2-51.4.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":216613,"text":"Upon conviction of an offense set forth in subsection A, the person’s driver’s license shall be revoked for one year; however, for a violation of subdivision A 1 or A 7, the driver’s license shall be revoked as provided in subsection B of § 46.2-391. However, in no such event shall the Commissioner reinstate the driver’s license of any person convicted of a violation of § 18.2-266, or of a substantially similar valid local ordinance or law of another jurisdiction, until receipt of notification that such person has successfully completed an alcohol safety action program if such person was required by a court to do so unless the requirement for completion of the program has been waived by the court for good cause shown.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7"}},"ancestry":[{"id":14811,"edition_id":1,"name":"Suspension and Revocation of Licenses, Generally; Additional Penalties","identifier":"12","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:50:05","date_modified":"2026-06-26 03:50:05","permalink":{"id":225761,"object_type":"structure","relational_id":14811,"identifier":"12","token":"46.2\/II\/3\/12","url":"\/46.2\/II\/3\/12\/","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":59065,"structure_id":14811,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; 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probationary conditions required; generally","url":"\/46.2-392\/","token":"46.2\/II\/3\/12\/46.2-392","metadata":false},{"id":72292,"structure_id":14811,"section_number":"46.2-393","catch_line":"(Effective July 1, 2026) Suspension of license on conviction of certain reckless offenses; restricted licenses","url":"\/46.2-393\/","token":"46.2\/II\/3\/12\/46.2-393","metadata":false},{"id":62087,"structure_id":14811,"section_number":"46.2-394","catch_line":"(Effective until July 1, 2026) Revocation of license for fourth conviction of certain offenses","url":"\/46.2-394\/","token":"46.2\/II\/3\/12\/46.2-394","metadata":false},{"id":82297,"structure_id":14811,"section_number":"46.2-395","catch_line":"Repealed","url":"\/46.2-395\/","token":"46.2\/II\/3\/12\/46.2-395","metadata":false},{"id":58653,"structure_id":14811,"section_number":"46.2-396","catch_line":"Suspension of license for reckless driving resulting in death of any person","url":"\/46.2-396\/","token":"46.2\/II\/3\/12\/46.2-396","metadata":false},{"id":74474,"structure_id":14811,"section_number":"46.2-396.1","catch_line":"Conviction of serious driving offense","url":"\/46.2-396.1\/","token":"46.2\/II\/3\/12\/46.2-396.1","metadata":false},{"id":79059,"structure_id":14811,"section_number":"46.2-397","catch_line":"Suspension of license for certain violations while transporting explosives, inflammable gas or liquid","url":"\/46.2-397\/","token":"46.2\/II\/3\/12\/46.2-397","metadata":false},{"id":73682,"structure_id":14811,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","url":"\/46.2-398\/","token":"46.2\/II\/3\/12\/46.2-398","metadata":false},{"id":57572,"structure_id":14811,"section_number":"46.2-398.1","catch_line":"Issuance of restricted driver's privilege to out-of-state licensees","url":"\/46.2-398.1\/","token":"46.2\/II\/3\/12\/46.2-398.1","metadata":false},{"id":73022,"structure_id":14811,"section_number":"46.2-399","catch_line":"Revocation of license for improper use or failure to pay certain taxes","url":"\/46.2-399\/","token":"46.2\/II\/3\/12\/46.2-399","metadata":false},{"id":77576,"structure_id":14811,"section_number":"46.2-400","catch_line":"Suspension of license of person not competent to drive; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1958, chapters 496 and 541; in 1960, chapter 364; in 1966, chapter 238; in 1974, chapter 453; in 1976, chapters 612 and 691; in 1982, chapter 301; in 1984, chapter 780; in 1988, chapter 860; in 1989, chapters 705 and 727; in 1990, chapter 949; in 1992, chapters 109 and 891; in 1997, chapters 486<\/a> and 691<\/a>; in 1999, chapters 945<\/a> and 987<\/a>; in 2000, chapters 956<\/a>, 959<\/a>, 982<\/a>, and 985<\/a>.<\/p>","references":[{"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":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":86987,"section_number":"46.2-390","catch_line":"Required suspension for conviction of theft or unauthorized use of a motor vehicle","order_by":null,"url":"\/46.2-390\/"},{"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":78915,"section_number":"46.2-412","catch_line":"Time suspension or revocation","order_by":null,"url":"\/46.2-412\/"},{"id":56391,"section_number":"46.2-425","catch_line":"Driver or owner having no license issued by Department","order_by":null,"url":"\/46.2-425\/"},{"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\/"}],"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":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":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"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":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\/"}],"permalink":{"id":225763,"object_type":"law","relational_id":59065,"identifier":"46.2-389","token":"46.2\/II\/3\/12\/46.2-389","url":"\/46.2-389\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-389\/","token":"46.2\/II\/3\/12\/46.2-389","dublin_core":{"Title":"Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-389","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall forthwith revoke<\/span>, and not thereafter reissue for a period of time specified in subsection B, except as provided in \u00a7 18.2-271<\/a> or \u00a7 18.2-271.1<\/a>, the driver<\/span>’s license of any resident or nonresident<\/span> on receiving a record of his conviction<\/span> or a record of his having been found guilty in the case of a juvenile of any of the following crimes<\/span>, committed in violation of a state law<\/span> or a valid county, city, or town ordinance<\/span> or law<\/span> of the United States, or a law<\/span> of any other state, substantially paralleling and substantially conforming to a like state law<\/span> and to all changes and amendments of it: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Voluntary or involuntary manslaughter<\/span> resulting from the driving of a motor vehicle<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Violation of § 18.2-266<\/a> or § 18.2-272<\/a>, or subsection A of § 46.2-341.24<\/a> or violation of a substantially similar local ordinance<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Perjury<\/span> or the making of a false affidavit<\/span> to the Department<\/span> under this chapter or any other law<\/span> of the Commonwealth requiring the registration of motor vehicles<\/span> or regulating their operation on the highways<\/span><\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The making of a false statement to the Department<\/span> on any application for a driver<\/span>’s license; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any crime<\/span> punishable as a felony<\/span> under the motor vehicle<\/span> laws<\/span> of the Commonwealth or any other felony<\/span> in the commission<\/span> of which a motor vehicle<\/span> is used; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Failure to stop and disclose his identity at the scene of the accident, on the part of a driver<\/span> of a motor vehicle<\/span> involved in an accident resulting in the death of or injury to another person; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Violation of § 18.2-36.1<\/a> or § 18.2-51.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon conviction<\/span> of an offense<\/span> set forth in subsection A, the person’s driver<\/span>’s license shall be revoked for one year; however, for a violation of subdivision A 1 or A 7, the driver<\/span>’s license shall be revoked as provided in subsection B of § 46.2-391<\/a>. However, in no such event shall the Commissioner<\/span> reinstate the driver<\/span>’s license of any person convicted of a violation of § 18.2-266<\/a>, or of a substantially similar valid local ordinance<\/span> or law<\/span> of another jurisdiction<\/span>, until receipt of notification that such person has successfully completed an alcohol safety action program if such person was required by a court<\/span> to do so unless the requirement for completion of the program has been waived by the court<\/span> for good cause shown. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIRED REVOCATION FOR ONE YEAR UPON CONVICTION OR FINDING OF GUILTY OF CERTAIN\nOFFENSES; EXCEPTIONS (\u00a7 46.2-389)\n\nA. The Commissioner shall forthwith revoke, and not thereafter reissue for a\nperiod of time specified in subsection B, except as provided in \u00a7 18.2-271 or\n\u00a7 18.2-271.1, the driver’s license of any resident or nonresident on\nreceiving a record of his conviction or a record of his having been found guilty\nin the case of a juvenile of any of the following crimes, committed in violation\nof a state law or a valid county, city, or town ordinance or law of the United\nStates, or a law of any other state, substantially paralleling and substantially\nconforming to a like state law and to all changes and amendments of it:\n\n 1. Voluntary or involuntary manslaughter resulting from the driving of a motor\n vehicle;\n\n 2. Violation of § 18.2-266 or § 18.2-272, or subsection A of §\n 46.2-341.24 or violation of a substantially similar local ordinance;\n\n 3. Perjury or the making of a false affidavit to the Department under this\n chapter or any other law of the Commonwealth requiring the registration of\n motor vehicles or regulating their operation on the highways;\n\n 4. The making of a false statement to the Department on any application for a\n driver’s license;\n\n 5. Any crime punishable as a felony under the motor vehicle laws of the\n Commonwealth or any other felony in the commission of which a motor vehicle is\n used;\n\n 6. Failure to stop and disclose his identity at the scene of the accident, on\n the part of a driver of a motor vehicle involved in an accident resulting in\n the death of or injury to another person; or\n\n 7. Violation of § 18.2-36.1 or § 18.2-51.4.\n\nB. Upon conviction of an offense set forth in subsection A, the person’s\ndriver’s license shall be revoked for one year; however, for a violation\nof subdivision A 1 or A 7, the driver’s license shall be revoked as\nprovided in subsection B of § 46.2-391. However, in no such event shall the\nCommissioner reinstate the driver’s license of any person convicted of a\nviolation of § 18.2-266, or of a substantially similar valid local\nordinance or law of another jurisdiction, until receipt of notification that\nsuch person has successfully completed an alcohol safety action program if such\nperson was required by a court to do so unless the requirement for completion of\nthe program has been waived by the court for good cause shown.\n\nHISTORY: Code 1950, \u00a7 46-416; 1958, cc. 496, 541, \u00a7 46.1-417; 1960, c. 364;\n1966, c. 238; 1974, c. 453; 1976, cc. 612, 691; 1982, c. 301; 1984, c. 780;\n1988, c. 860; 1989, cc. 705, 727; 1990, c. 949; 1992, cc. 109, 891; 1997, cc.\n486, 691; 1999, cc. 945, 987; 2000, cc. 956, 959, 982, 985.","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}}