{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-391.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-391.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-391.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-391.2.html"}],"law_id":66643,"edition_id":1,"section_id":66643,"structure_id":14811,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","history":"1994, cc. 359, 363; 1996, cc. 865, 1007; 1997, c. 691; 2001, c. 779; 2003, c. 605; 2004, cc. 937, 960; 2005, cc. 757, 840; 2014, c. 707; 2017, c. 623; 2020, c. 341.","full_text":"A\n\nIf a breath test is taken pursuant to § 18.2-268.2 or any similar ordinance or § 46.2-341.26:2 and (i) the results show a blood alcohol content of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath, or (ii) the results, for persons under 21 years of age, show a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath or (iii) the person refuses to submit to the breath or blood test in violation of § 18.2-268.3 or any similar ordinance or § 46.2-341.26:3, and upon issuance of a petition or summons, or upon issuance of a warrant by the magistrate, for a violation of § 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance, or § 46.2-341.24 or upon the issuance of a warrant or summons by the magistrate or by the arresting officer at a medical facility for a violation of § 18.2-268.3, or any similar ordinance, or § 46.2-341.26:3, the person’s license shall be suspended immediately or in the case of (a) an unlicensed person, (b) a person whose license is otherwise suspended or revoked, or (c) a person whose driver’s license is from a jurisdiction other than the Commonwealth, such person’s privilege to operate a motor vehicle in the Commonwealth shall be suspended immediately. The period of suspension of the person’s license or privilege to drive shall be seven days, unless the petition, summons or warrant issued charges the person with a second or subsequent offense. If the person is charged with a second offense the suspension shall be for 60 days. If not already expired, the period of suspension shall expire on the day and time of trial of the offense charged on the petition, summons or warrant, except that it shall not so expire during the first seven days of the suspension. If the person is charged with a third or subsequent offense, the suspension shall be until the day and time of trial of the offense charged on the petition, summons or warrant.\n\t\t\tA law-enforcement officer, acting on behalf of the Commonwealth, shall serve a notice of suspension personally on the arrested person. When notice is served, the arresting officer shall promptly take possession of any driver’s license held by the person and issued by the Commonwealth and shall promptly deliver it to the magistrate. Any driver’s license taken into possession under this section shall be forwarded promptly by the magistrate to the clerk of the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made together with any petition, summons or warrant, the results of the breath test, if any, and the report required by subsection B. A copy of the notice of suspension shall be forwarded forthwith to both (1) the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made and (2) the Commissioner. Transmission of this information may be made by electronic means.\n\t\t\tThe clerk shall promptly return the suspended license to the person at the expiration of the suspension. Whenever a suspended license is to be returned under this section or § 46.2-391.4, the person may elect to have the license returned in person at the clerk’s office or by mail to the address on the person’s license or to such other address as he may request.B\n\nPromptly after arrest and service of the notice of suspension, the arresting officer shall forward to the magistrate a sworn report of the arrest that shall include (i) information which adequately identifies the person arrested and (ii) a statement setting forth the arresting officer’s grounds for belief that the person violated § 18.2-51.4, 18.2-266, or 18.2-266.1, or a similar ordinance, or § 46.2-341.24 or refused to submit to a breath or blood test in violation of § 18.2-268.3 or a similar ordinance or § 46.2-341.26:3. The report required by this subsection shall be submitted on forms supplied by the Supreme Court.C\n\nAny person whose license or privilege to operate a motor vehicle has been suspended under subsection A may, during the period of the suspension, request the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made to review that suspension. The court shall review the suspension within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest, that the magistrate did not have probable cause to issue the warrant, or that there was not probable cause for issuance of the petition, the court shall rescind the suspension, or that portion of it that exceeds seven days if there was not probable cause to charge a second offense or 60 days if there was not probable cause to charge a third or subsequent offense, and the clerk of the court shall forthwith, or at the expiration of the reduced suspension time, (i) return the suspended license, if any, to the person unless the license has been otherwise suspended or revoked, (ii) deliver to the person a notice that the suspension under § 46.2-391.2 has been rescinded or reduced, and (iii) forward to the Commissioner a copy of the notice that the suspension under § 46.2-391.2 has been rescinded or reduced. Otherwise, the court shall affirm the suspension. If the person requesting the review fails to appear without just cause, his right to review shall be waived.\n\t\t\tThe court’s findings are without prejudice to the person contesting the suspension or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.D\n\nIf a person whose license or privilege to operate a motor vehicle is suspended under subsection A is convicted under § 18.2-36.1, 18.2-51.4, 18.2-266, or 18.2-266.1 or subdivision A 1 or B 1 of § 18.2-268.3, or any similar ordinance, or § 46.2-341.24 during the suspension imposed by subsection A, and if the court decides to issue the person a restricted permit under subsection E of § 18.2-271.1 or subsection E of § 18.2-268.3, such restricted permit shall not be issued to the person before the expiration of the first seven days of the suspension imposed under subsection A.","order_by":null,"text":{"0":{"id":241765,"text":"If a breath test is taken pursuant to § 18.2-268.2 or any similar ordinance or § 46.2-341.26:2 and (i) the results show a blood alcohol content of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath, or (ii) the results, for persons under 21 years of age, show a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath or (iii) the person refuses to submit to the breath or blood test in violation of § 18.2-268.3 or any similar ordinance or § 46.2-341.26:3, and upon issuance of a petition or summons, or upon issuance of a warrant by the magistrate, for a violation of § 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance, or § 46.2-341.24 or upon the issuance of a warrant or summons by the magistrate or by the arresting officer at a medical facility for a violation of § 18.2-268.3, or any similar ordinance, or § 46.2-341.26:3, the person’s license shall be suspended immediately or in the case of (a) an unlicensed person, (b) a person whose license is otherwise suspended or revoked, or (c) a person whose driver’s license is from a jurisdiction other than the Commonwealth, such person’s privilege to operate a motor vehicle in the Commonwealth shall be suspended immediately. The period of suspension of the person’s license or privilege to drive shall be seven days, unless the petition, summons or warrant issued charges the person with a second or subsequent offense. If the person is charged with a second offense the suspension shall be for 60 days. If not already expired, the period of suspension shall expire on the day and time of trial of the offense charged on the petition, summons or warrant, except that it shall not so expire during the first seven days of the suspension. If the person is charged with a third or subsequent offense, the suspension shall be until the day and time of trial of the offense charged on the petition, summons or warrant.\n\t\t\tA law-enforcement officer, acting on behalf of the Commonwealth, shall serve a notice of suspension personally on the arrested person. When notice is served, the arresting officer shall promptly take possession of any driver’s license held by the person and issued by the Commonwealth and shall promptly deliver it to the magistrate. Any driver’s license taken into possession under this section shall be forwarded promptly by the magistrate to the clerk of the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made together with any petition, summons or warrant, the results of the breath test, if any, and the report required by subsection B. A copy of the notice of suspension shall be forwarded forthwith to both (1) the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made and (2) the Commissioner. Transmission of this information may be made by electronic means.\n\t\t\tThe clerk shall promptly return the suspended license to the person at the expiration of the suspension. Whenever a suspended license is to be returned under this section or § 46.2-391.4, the person may elect to have the license returned in person at the clerk’s office or by mail to the address on the person’s license or to such other address as he may request.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241766,"text":"Promptly after arrest and service of the notice of suspension, the arresting officer shall forward to the magistrate a sworn report of the arrest that shall include (i) information which adequately identifies the person arrested and (ii) a statement setting forth the arresting officer’s grounds for belief that the person violated § 18.2-51.4, 18.2-266, or 18.2-266.1, or a similar ordinance, or § 46.2-341.24 or refused to submit to a breath or blood test in violation of § 18.2-268.3 or a similar ordinance or § 46.2-341.26:3. The report required by this subsection shall be submitted on forms supplied by the Supreme Court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":241767,"text":"Any person whose license or privilege to operate a motor vehicle has been suspended under subsection A may, during the period of the suspension, request the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made to review that suspension. The court shall review the suspension within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest, that the magistrate did not have probable cause to issue the warrant, or that there was not probable cause for issuance of the petition, the court shall rescind the suspension, or that portion of it that exceeds seven days if there was not probable cause to charge a second offense or 60 days if there was not probable cause to charge a third or subsequent offense, and the clerk of the court shall forthwith, or at the expiration of the reduced suspension time, (i) return the suspended license, if any, to the person unless the license has been otherwise suspended or revoked, (ii) deliver to the person a notice that the suspension under § 46.2-391.2 has been rescinded or reduced, and (iii) forward to the Commissioner a copy of the notice that the suspension under § 46.2-391.2 has been rescinded or reduced. Otherwise, the court shall affirm the suspension. If the person requesting the review fails to appear without just cause, his right to review shall be waived.\n\t\t\tThe court’s findings are without prejudice to the person contesting the suspension or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":241768,"text":"If a person whose license or privilege to operate a motor vehicle is suspended under subsection A is convicted under § 18.2-36.1, 18.2-51.4, 18.2-266, or 18.2-266.1 or subdivision A 1 or B 1 of § 18.2-268.3, or any similar ordinance, or § 46.2-341.24 during the suspension imposed by subsection A, and if the court decides to issue the person a restricted permit under subsection E of § 18.2-271.1 or subsection E of § 18.2-268.3, such restricted permit shall not be issued to the person before the expiration of the first seven days of the suspension imposed under subsection A.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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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offenses under the laws of other jurisdictions","url":"\/46.2-410.2\/","token":"46.2\/II\/3\/12\/46.2-410.2","metadata":false},{"id":60308,"structure_id":14811,"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","url":"\/46.2-411\/","token":"46.2\/II\/3\/12\/46.2-411","metadata":false},{"id":86068,"structure_id":14811,"section_number":"46.2-411.1","catch_line":"Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated","url":"\/46.2-411.1\/","token":"46.2\/II\/3\/12\/46.2-411.1","metadata":false},{"id":78915,"structure_id":14811,"section_number":"46.2-412","catch_line":"Time suspension or revocation","url":"\/46.2-412\/","token":"46.2\/II\/3\/12\/46.2-412","metadata":false},{"id":64511,"structure_id":14811,"section_number":"46.2-413","catch_line":"Effect of reversal of conviction","url":"\/46.2-413\/","token":"46.2\/II\/3\/12\/46.2-413","metadata":false},{"id":72945,"structure_id":14811,"section_number":"46.2-414","catch_line":"Commencement of periods for suspension or revocation of licenses, registration cards, or license plates","url":"\/46.2-414\/","token":"46.2\/II\/3\/12\/46.2-414","metadata":false},{"id":80334,"structure_id":14811,"section_number":"46.2-415","catch_line":"United States magistrates and judges of district courts authorized to revoke or suspend driver's license under certain conditions","url":"\/46.2-415\/","token":"46.2\/II\/3\/12\/46.2-415","metadata":false},{"id":57478,"structure_id":14811,"section_number":"46.2-416","catch_line":"Notice of suspension or revocation of license","url":"\/46.2-416\/","token":"46.2\/II\/3\/12\/46.2-416","metadata":false},{"id":69507,"structure_id":14811,"section_number":"46.2-416.1","catch_line":"Repealed","url":"\/46.2-416.1\/","token":"46.2\/II\/3\/12\/46.2-416.1","metadata":false}],"previous_section":{"id":56648,"structure_id":14811,"section_number":"46.2-391.1","catch_line":"Suspension of registration certificates and plates upon suspension or revocation of driver's license","url":"\/46.2-391.1\/","token":"46.2\/II\/3\/12\/46.2-391.1","metadata":false},"next_section":{"id":67850,"structure_id":14811,"section_number":"46.2-391.3","catch_line":"Content of notice of suspension","url":"\/46.2-391.3\/","token":"46.2\/II\/3\/12\/46.2-391.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-391.2\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 359<\/a> and 363<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 9 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 1996, chapters 865<\/a> and 1007<\/a>; in 1997, chapter 691<\/a>; in 2001, chapter 779<\/a>; in 2003, chapter 605<\/a>; in 2004, chapters 937<\/a> and 960<\/a>; in 2005, chapters 757<\/a> and 840<\/a>; in 2014, chapter 707<\/a>; in 2017, chapter 623<\/a>; in 2020, chapter 341<\/a>.<\/p>","references":[{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":80937,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","order_by":null,"url":"\/18.2-268.4\/"},{"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":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"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":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":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":67850,"section_number":"46.2-391.3","catch_line":"Content of notice of suspension","order_by":null,"url":"\/46.2-391.3\/"},{"id":72992,"section_number":"46.2-391.4","catch_line":"When suspension to be rescinded","order_by":null,"url":"\/46.2-391.4\/"},{"id":77964,"section_number":"46.2-391.5","catch_line":"Preparation and distribution of forms","order_by":null,"url":"\/46.2-391.5\/"},{"id":59524,"section_number":"8.01-407","catch_line":"How summons for witness issued and to whom directed; how witness released from subpoena; prior permission of court to summon certain officials and judges","order_by":null,"url":"\/8.01-407\/"}],"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":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":74659,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","order_by":null,"url":"\/18.2-268.2\/"},{"id":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"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":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":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":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":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\/"}],"permalink":{"id":225787,"object_type":"law","relational_id":66643,"identifier":"46.2-391.2","token":"46.2\/II\/3\/12\/46.2-391.2","url":"\/46.2-391.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-391.2\/","token":"46.2\/II\/3\/12\/46.2-391.2","dublin_core":{"Title":"Administrative suspension of license or privilege to operate a motor vehicle","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-391.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a breath test is taken pursuant to § 18.2-268.2<\/a> or any similar ordinance<\/span> or § 46.2-341.26:2<\/a> and (i) the results show a blood alcohol content of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath, or (ii) the results, for persons under 21 years of age, show a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath or (iii) the person refuses to submit to the breath or blood test in violation of § 18.2-268.3<\/a> or any similar ordinance<\/span> or § 46.2-341.26:3<\/a>, and upon issuance of a petition<\/span> or summons<\/span>, or upon issuance of a warrant by the magistrate<\/span>, for a violation of § 18.2-51.4<\/a>, 18.2-266<\/a>, or 18.2-266.1<\/a>, or any similar ordinance<\/span>, or § 46.2-341.24<\/a> or upon the issuance of a warrant or summons<\/span> by the magistrate<\/span> or by the arresting officer at a medical facility for a violation of § 18.2-268.3<\/a>, or any similar ordinance<\/span>, or § 46.2-341.26:3<\/a>, the person’s license shall be suspended immediately or in the case of (a) an unlicensed person, (b) a person whose license is otherwise suspended or revoked, or (c) a person whose driver<\/span>’s license is from a jurisdiction<\/span> other than the Commonwealth, such person’s privilege<\/span> to operate a motor vehicle<\/span> in the Commonwealth shall be suspended immediately. The period of suspension<\/span> of the person’s license or privilege<\/span> to drive shall be seven days, unless the petition<\/span>, summons<\/span> or warrant issued charges the person with a second or subsequent offense<\/span>. If the person is charged with a second offense<\/span> the suspension<\/span> shall be for 60 days. If not already expired, the period of suspension<\/span> shall expire on the day and time of trial<\/span> of the offense<\/span> charged on the petition<\/span>, summons<\/span> or warrant, except that it shall not so expire during the first seven days of the suspension<\/span>. If the person is charged with a third or subsequent offense<\/span>, the suspension<\/span> shall be until the day and time of trial<\/span> of the offense<\/span> charged on the petition<\/span>, summons<\/span> or warrant.\n\t\t\tA law<\/span>-enforcement officer<\/span>, acting on behalf of the Commonwealth, shall serve a notice of suspension<\/span> personally on the arrested person. When notice is served, the arresting officer shall promptly take possession<\/span> of any driver<\/span>’s license held by the person and issued by the Commonwealth and shall promptly deliver it to the magistrate<\/span>. Any driver<\/span>’s license taken into possession<\/span> under this section shall be forwarded promptly by the magistrate<\/span> to the clerk of the general district court<\/span> or, as appropriate, the court<\/span> with jurisdiction<\/span> over juveniles of the jurisdiction<\/span> in which the arrest<\/span> was made together with any petition<\/span>, summons<\/span> or warrant, the results of the breath test, if any, and the report required by subsection B. A copy of the notice of suspension<\/span> shall be forwarded forthwith to both (1) the general district court<\/span> or, as appropriate, the court<\/span> with jurisdiction<\/span> over juveniles of the jurisdiction<\/span> in which the arrest<\/span> was made and (2) the Commissioner<\/span>. Transmission of this information may be made by electronic means.\n\t\t\tThe clerk shall promptly return the suspended license to the person at the expiration of the suspension<\/span>. Whenever a suspended license is to be returned under this section or § 46.2-391.4<\/a>, the person may elect to have the license returned in person at the clerk’s office or by mail to the address on the person’s license or to such other address as he may request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Promptly after arrest<\/span> and service of the notice of suspension<\/span>, the arresting officer shall forward to the magistrate<\/span> a sworn report of the arrest<\/span> that shall include (i) information which adequately identifies the person arrested and (ii) a statement setting forth the arresting officer’s grounds for belief that the person violated § 18.2-51.4<\/a>, 18.2-266<\/a>, or 18.2-266.1<\/a>, or a similar ordinance<\/span>, or § 46.2-341.24<\/a> or refused to submit to a breath or blood test in violation of § 18.2-268.3<\/a> or a similar ordinance<\/span> or § 46.2-341.26:3<\/a>. The report required by this subsection shall be submitted on forms supplied by the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person whose license or privilege<\/span> to operate a motor vehicle<\/span> has been suspended under subsection A may, during the period of the suspension<\/span>, request the general district court<\/span> or, as appropriate, the court<\/span> with jurisdiction<\/span> over juveniles of the jurisdiction<\/span> in which the arrest<\/span> was made to review that suspension<\/span>. The court<\/span> shall review the suspension<\/span> within the same time period as the court<\/span> hears an appeal<\/span> from an order<\/span> denying bail<\/span> or fixing terms of bail<\/span> or terms of recognizance<\/span>, giving this matter precedence over all other matters on its docket<\/span>. If the person proves to the court<\/span> by a preponderance of the evidence<\/span> that the arresting officer did not have probable cause<\/span> for the arrest<\/span>, that the magistrate<\/span> did not have probable cause<\/span> to issue<\/span> the warrant, or that there was not probable cause<\/span> for issuance of the petition<\/span>, the court<\/span> shall rescind the suspension<\/span>, or that portion of it that exceeds seven days if there was not probable cause<\/span> to charge a second offense<\/span> or 60 days if there was not probable cause<\/span> to charge a third or subsequent offense<\/span>, and the clerk of the court<\/span> shall forthwith, or at the expiration of the reduced suspension<\/span> time, (i) return the suspended license, if any, to the person unless the license has been otherwise suspended or revoked, (ii) deliver to the person a notice that the suspension<\/span> under § 46.2-391.2<\/a> has been rescinded or reduced, and (iii) forward to the Commissioner<\/span> a copy of the notice that the suspension<\/span> under § 46.2-391.2<\/a> has been rescinded or reduced. Otherwise, the court<\/span> shall affirm<\/span> the suspension<\/span>. If the person requesting the review fails to appear without just cause, his right to review shall be waived.\n\t\t\tThe court<\/span>’s findings<\/span> are without prejudice to the person contesting the suspension<\/span> or to any other potential party<\/span> as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a person whose license or privilege<\/span> to operate a motor vehicle<\/span> is suspended under subsection A is convicted under § 18.2-36.1<\/a>, 18.2-51.4<\/a>, 18.2-266<\/a>, or 18.2-266.1<\/a> or subdivision A 1 or B 1 of § 18.2-268.3<\/a>, or any similar ordinance<\/span>, or § 46.2-341.24<\/a> during the suspension<\/span> imposed by subsection A, and if the court<\/span> decides to issue<\/span> the person a restricted permit under subsection E of § 18.2-271.1<\/a> or subsection E of § 18.2-268.3<\/a>, such restricted permit shall not be issued to the person before the expiration of the first seven days of the suspension<\/span> imposed under subsection A. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATIVE SUSPENSION OF LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE (\u00a7\n46.2-391.2)\n\nA. If a breath test is taken pursuant to § 18.2-268.2 or any similar\nordinance or § 46.2-341.26:2 and (i) the results show a blood alcohol\ncontent of 0.08 percent or more by weight by volume or 0.08 grams or more per\n210 liters of breath, or (ii) the results, for persons under 21 years of age,\nshow a blood alcohol concentration of 0.02 percent or more by weight by volume\nor 0.02 grams or more per 210 liters of breath or (iii) the person refuses to\nsubmit to the breath or blood test in violation of § 18.2-268.3 or any\nsimilar ordinance or § 46.2-341.26:3, and upon issuance of a petition or\nsummons, or upon issuance of a warrant by the magistrate, for a violation of\n§ 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance, or §\n46.2-341.24 or upon the issuance of a warrant or summons by the magistrate or by\nthe arresting officer at a medical facility for a violation of §\n18.2-268.3, or any similar ordinance, or § 46.2-341.26:3, the\nperson’s license shall be suspended immediately or in the case of (a) an\nunlicensed person, (b) a person whose license is otherwise suspended or revoked,\nor (c) a person whose driver’s license is from a jurisdiction other than\nthe Commonwealth, such person’s privilege to operate a motor vehicle in\nthe Commonwealth shall be suspended immediately. The period of suspension of the\nperson’s license or privilege to drive shall be seven days, unless the\npetition, summons or warrant issued charges the person with a second or\nsubsequent offense. If the person is charged with a second offense the\nsuspension shall be for 60 days. If not already expired, the period of\nsuspension shall expire on the day and time of trial of the offense charged on\nthe petition, summons or warrant, except that it shall not so expire during the\nfirst seven days of the suspension. If the person is charged with a third or\nsubsequent offense, the suspension shall be until the day and time of trial of\nthe offense charged on the petition, summons or warrant.\n\t\t\tA law-enforcement officer, acting on behalf of the Commonwealth, shall serve\na notice of suspension personally on the arrested person. When notice is served,\nthe arresting officer shall promptly take possession of any driver’s\nlicense held by the person and issued by the Commonwealth and shall promptly\ndeliver it to the magistrate. Any driver’s license taken into possession\nunder this section shall be forwarded promptly by the magistrate to the clerk of\nthe general district court or, as appropriate, the court with jurisdiction over\njuveniles of the jurisdiction in which the arrest was made together with any\npetition, summons or warrant, the results of the breath test, if any, and the\nreport required by subsection B. A copy of the notice of suspension shall be\nforwarded forthwith to both (1) the general district court or, as appropriate,\nthe court with jurisdiction over juveniles of the jurisdiction in which the\narrest was made and (2) the Commissioner. Transmission of this information may\nbe made by electronic means.\n\t\t\tThe clerk shall promptly return the suspended license to the person at the\nexpiration of the suspension. Whenever a suspended license is to be returned\nunder this section or § 46.2-391.4, the person may elect to have the\nlicense returned in person at the clerk’s office or by mail to the address\non the person’s license or to such other address as he may request.\n\nB. Promptly after arrest and service of the notice of suspension, the arresting\nofficer shall forward to the magistrate a sworn report of the arrest that shall\ninclude (i) information which adequately identifies the person arrested and (ii)\na statement setting forth the arresting officer’s grounds for belief that\nthe person violated § 18.2-51.4, 18.2-266, or 18.2-266.1, or a similar\nordinance, or § 46.2-341.24 or refused to submit to a breath or blood test\nin violation of § 18.2-268.3 or a similar ordinance or §\n46.2-341.26:3. The report required by this subsection shall be submitted on\nforms supplied by the Supreme Court.\n\nC. Any person whose license or privilege to operate a motor vehicle has been\nsuspended under subsection A may, during the period of the suspension, request\nthe general district court or, as appropriate, the court with jurisdiction over\njuveniles of the jurisdiction in which the arrest was made to review that\nsuspension. The court shall review the suspension within the same time period as\nthe court hears an appeal from an order denying bail or fixing terms of bail or\nterms of recognizance, giving this matter precedence over all other matters on\nits docket. If the person proves to the court by a preponderance of the evidence\nthat the arresting officer did not have probable cause for the arrest, that the\nmagistrate did not have probable cause to issue the warrant, or that there was\nnot probable cause for issuance of the petition, the court shall rescind the\nsuspension, or that portion of it that exceeds seven days if there was not\nprobable cause to charge a second offense or 60 days if there was not probable\ncause to charge a third or subsequent offense, and the clerk of the court shall\nforthwith, or at the expiration of the reduced suspension time, (i) return the\nsuspended license, if any, to the person unless the license has been otherwise\nsuspended or revoked, (ii) deliver to the person a notice that the suspension\nunder § 46.2-391.2 has been rescinded or reduced, and (iii) forward to the\nCommissioner a copy of the notice that the suspension under § 46.2-391.2\nhas been rescinded or reduced. Otherwise, the court shall affirm the suspension.\nIf the person requesting the review fails to appear without just cause, his\nright to review shall be waived.\n\t\t\tThe court’s findings are without prejudice to the person contesting the\nsuspension or to any other potential party as to any proceedings, civil or\ncriminal, and shall not be evidence in any proceedings, civil or criminal.\n\nD. If a person whose license or privilege to operate a motor vehicle is\nsuspended under subsection A is convicted under § 18.2-36.1, 18.2-51.4,\n18.2-266, or 18.2-266.1 or subdivision A 1 or B 1 of § 18.2-268.3, or any\nsimilar ordinance, or § 46.2-341.24 during the suspension imposed by\nsubsection A, and if the court decides to issue the person a restricted permit\nunder subsection E of § 18.2-271.1 or subsection E of § 18.2-268.3,\nsuch restricted permit shall not be issued to the person before the expiration\nof the first seven days of the suspension imposed under subsection A.\n\nHISTORY: 1994, cc. 359, 363; 1996, cc. 865, 1007; 1997, c. 691; 2001, c. 779;\n2003, c. 605; 2004, cc. 937, 960; 2005, cc. 757, 840; 2014, c. 707; 2017, c.\n623; 2020, c. 341.","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}}