{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-391.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-391.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-391.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-391.html"}],"law_id":72043,"edition_id":1,"section_id":72043,"structure_id":14811,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","history":"Code 1950, \u00a7 46-417; 1958, c. 541, \u00a7 46.1-421; 1960, c. 364; 1964, c. 194; 1968, c. 561; 1976, cc. 359, 612, 691; 1983, c. 504; 1984, cc. 658, 673, 780; 1987, c. 409; 1989, cc. 705, 727; 1990, c. 949; 1994, c. 573; 1995, c. 486; 1997, cc. 691, 706; 1999, cc. 945, 987; 2000, cc. 243, 956, 958, 959, 980, 982, 985; 2001, c. 739; 2004, cc. 461, 937, 951; 2013, cc. 415, 655; 2016, c. 230; 2019, c. 618; 2024, cc. 552, 568.","full_text":"A\n\nThe Commissioner shall forthwith revoke and not thereafter reissue for three years the driver’s license of any person on receiving a record of the conviction of any person who (i) is adjudged to be a second offender in violation of the provisions of subsection A of § 46.2-341.24 (driving a commercial motor vehicle under the influence of drugs or intoxicants), or § 18.2-266 (driving under the influence of drugs or intoxicants), if the subsequent violation occurred within 10 years of the prior violation, or (ii) is convicted of any two or more offenses of § 18.2-272 (driving while the driver’s license has been forfeited for a conviction under § 18.2-266) if the second or subsequent violation occurred within 10 years of the prior offense. However, if the Commissioner has received a copy of a court order authorizing issuance of a restricted license as provided in subsection E of § 18.2-271.1, he shall proceed as provided in the order of the court. For the purposes of this subsection, an offense in violation of a valid local ordinance, or law of any other jurisdiction, which ordinance or law is substantially similar to any provision of Virginia law herein shall be considered an offense in violation of such provision of Virginia law. Additionally, in no 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 court order to do so unless the requirement for completion of the program has been waived by the court for good cause shown. A conviction includes a finding of not innocent in the case of a juvenile.B\n\nThe Commissioner shall forthwith revoke and not thereafter reissue the driver’s license of any person after receiving a record of the conviction of any person (i) convicted of a violation of § 18.2-36.1 or 18.2-51.4 or a felony violation of § 18.2-266 or (ii) convicted of three offenses arising out of separate incidents or occurrences within a period of 10 years in violation of the provisions of subsection A of § 46.2-341.24, § 18.2-266, or a substantially similar ordinance or law of any other jurisdiction, or any combination of three such offenses. A conviction includes a finding of not innocent in the case of a juvenile.C\n\nAny person who has had his driver’s license revoked in accordance with subsection B may petition the circuit court of his residence, or, if a nonresident of Virginia, any circuit court:1\n\nFor restoration of his privilege to drive a motor vehicle in the Commonwealth after the expiration of five years from the date of his last conviction. On such petition, and for good cause shown, the court may, in its discretion, restore to the person the privilege to drive a motor vehicle in the Commonwealth on condition that such person install an ignition interlock system in accordance with § 18.2-270.1 on all motor vehicles, as defined in § 46.2-100, owned by or registered to him, in whole or in part, for a period of at least six months, and upon whatever other conditions the court may prescribe, subject to the provisions of law relating to issuance of driver’s licenses, if the court is satisfied from the evidence presented that (i) at the time of his previous convictions, the petitioner was addicted to or psychologically dependent on the use of alcohol or other drugs; (ii) at the time of the hearing on the petition, he is no longer addicted to or psychologically dependent on the use of alcohol or other drugs; and (iii) the defendant does not constitute a threat to the safety and welfare of himself or others with regard to the driving of a motor vehicle. However, prior to acting on the petition, the court shall order that an evaluation of the person, to include an assessment of his degree of alcohol abuse and the appropriate treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action Program and recommendations therefrom be submitted to the court, and the court shall give the recommendations such weight as the court deems appropriate. The court may, in lieu of restoring the person’s privilege to drive, authorize the issuance of a restricted license for a period not to exceed five years in accordance with the provisions of § 18.2-270.1 and subsection E of § 18.2-271.1. The court shall notify the Virginia Alcohol Safety Action Program that during the term of the restricted license it shall monitor the person’s compliance with the terms of the restrictions imposed by the court. Any violation of the restrictions shall be reported to the court, and the court may then modify the restrictions or revoke the license.2\n\nFor a restricted license to authorize such person to drive a motor vehicle in the Commonwealth in the course of his employment and to drive a motor vehicle to and from his home to the place of his employment after the expiration of three years from the date of his last conviction unless such person’s last conviction resulted from a final order being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket, or other specialty docket established pursuant to § 18.2-254.2 or 18.2-254.3 or Rule 1:25 of the Rules of Supreme Court of Virginia. If such person’s last conviction resulted from a final order being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket, or other specialty docket established pursuant to § 18.2-254.2 or 18.2-254.3 or Rule 1:25 of the Rules of Supreme Court of Virginia, such person may file a petition for a restricted license to be issued in accordance with the provisions of this subdivision without having to wait for the expiration of three years from the date of his last conviction, regardless of the date of such conviction. The court may order that a restricted license for such purposes be issued in accordance with the procedures of subsection E of § 18.2-271.1 if the court is satisfied from the evidence presented that (i) at the time of the previous convictions, the petitioner was addicted to or psychologically dependent on the use of alcohol or other drugs; (ii) at the time of the hearing on the petition, he is no longer addicted to or psychologically dependent on the use of alcohol or such other drugs; and (iii) the defendant does not constitute a threat to the safety and welfare of himself and others with regard to the driving of a motor vehicle. The court shall prohibit the person to whom a restricted license is issued from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system during all or any part of the term for which the restricted license is issued, in accordance with the provisions set forth in § 18.2-270.1. However, prior to acting on the petition, the court shall order that an evaluation of the person, to include an assessment of his degree of alcohol abuse and the appropriate treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action Program and recommendations therefrom be submitted to the court, and the court shall give the recommendations such weight as the court deems appropriate. The Virginia Alcohol Safety Action Program shall during the term of the restricted license monitor the person’s compliance with the terms of the restrictions imposed by the court. Any violation of the restrictions shall be reported to the court, and the court may then modify the restrictions or revoke the license.\n\t\t\t\tThe ignition interlock system installation requirement under subdivisions 1 and 2 need only be satisfied once as to any single revocation under subsection B for any person seeking restoration under subdivision 1 following the granting of a restricted license under subdivision 1 or 2.D\n\nAny person convicted of driving a motor vehicle or any self-propelled machinery or equipment (i) while his license is revoked pursuant to subsection A or B or (ii) in violation of the terms of a restricted license issued pursuant to subsection C shall, provided such revocation was based on at least one conviction for an offense committed after July 1, 1999, be punished as follows:1\n\nIf such driving does not of itself endanger the life, limb, or property of another, such person is guilty of a Class 1 misdemeanor punishable by a mandatory minimum term of confinement in jail of 10 days except in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended.2\n\na. If such driving (i) of itself endangers the life, limb, or property of another or (ii) takes place while such person is in violation of § 18.2-36.1, 18.2-51.4, or 18.2-266, subsection A of § 46.2-341.24, or a substantially similar law or ordinance of another jurisdiction, irrespective of whether the driving of itself endangers the life, limb, or property of another and the person has been previously convicted of a violation of § 18.2-36.1, 18.2-51.4, or 18.2-266, subsection A of § 46.2-341.24, or a substantially similar local ordinance, or law of another jurisdiction, such person is guilty of a felony punishable by confinement in a state correctional facility for not less than one year nor more than five years, one year of which shall be a mandatory minimum term of confinement or, in the discretion of the jury or the court trying the case without a jury, by mandatory minimum confinement in jail for a period of 12 months and no portion of such sentence shall be suspended or run concurrently with any other sentence.\n\t\t\t\tb. However, in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended.3\n\nIf any such offense of driving is a second or subsequent violation, such person shall be punished as provided in subdivision 2, irrespective of whether the offense, of itself, endangers the life, limb, or property of another.E\n\nNotwithstanding the provisions of subdivisions D 2 and 3, following conviction and prior to imposition of sentence with the consent of the defendant, the court may order the defendant to be evaluated for and to participate in the community corrections alternative program pursuant to § 19.2-316.4.F\n\nAny period of driver’s license revocation imposed pursuant to this section shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.G\n\nNothing in this section shall prohibit a person from operating any farm tractor on the highways when it is necessary to move the tractor from one tract of land used for agricultural purposes to another such tract of land when the distance between the tracts is no more than five miles.H\n\nAny person who operates a motor vehicle or any self-propelled machinery or equipment (i) while his license is revoked pursuant to subsection A or B or (ii) in violation of the terms of a restricted license issued pursuant to subsection C, where the provisions of subsection D do not apply, is guilty of a violation of § 18.2-272.","order_by":null,"text":{"0":{"id":259597,"text":"The Commissioner shall forthwith revoke and not thereafter reissue for three years the driver’s license of any person on receiving a record of the conviction of any person who (i) is adjudged to be a second offender in violation of the provisions of subsection A of § 46.2-341.24 (driving a commercial motor vehicle under the influence of drugs or intoxicants), or § 18.2-266 (driving under the influence of drugs or intoxicants), if the subsequent violation occurred within 10 years of the prior violation, or (ii) is convicted of any two or more offenses of § 18.2-272 (driving while the driver’s license has been forfeited for a conviction under § 18.2-266) if the second or subsequent violation occurred within 10 years of the prior offense. However, if the Commissioner has received a copy of a court order authorizing issuance of a restricted license as provided in subsection E of § 18.2-271.1, he shall proceed as provided in the order of the court. For the purposes of this subsection, an offense in violation of a valid local ordinance, or law of any other jurisdiction, which ordinance or law is substantially similar to any provision of Virginia law herein shall be considered an offense in violation of such provision of Virginia law. Additionally, in no 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 court order to do so unless the requirement for completion of the program has been waived by the court for good cause shown. A conviction includes a finding of not innocent in the case of a juvenile.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259598,"text":"The Commissioner shall forthwith revoke and not thereafter reissue the driver’s license of any person after receiving a record of the conviction of any person (i) convicted of a violation of § 18.2-36.1 or 18.2-51.4 or a felony violation of § 18.2-266 or (ii) convicted of three offenses arising out of separate incidents or occurrences within a period of 10 years in violation of the provisions of subsection A of § 46.2-341.24, § 18.2-266, or a substantially similar ordinance or law of any other jurisdiction, or any combination of three such offenses. A conviction includes a finding of not innocent in the case of a juvenile.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259599,"text":"Any person who has had his driver’s license revoked in accordance with subsection B may petition the circuit court of his residence, or, if a nonresident of Virginia, any circuit court:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":259600,"text":"For restoration of his privilege to drive a motor vehicle in the Commonwealth after the expiration of five years from the date of his last conviction. On such petition, and for good cause shown, the court may, in its discretion, restore to the person the privilege to drive a motor vehicle in the Commonwealth on condition that such person install an ignition interlock system in accordance with § 18.2-270.1 on all motor vehicles, as defined in § 46.2-100, owned by or registered to him, in whole or in part, for a period of at least six months, and upon whatever other conditions the court may prescribe, subject to the provisions of law relating to issuance of driver’s licenses, if the court is satisfied from the evidence presented that (i) at the time of his previous convictions, the petitioner was addicted to or psychologically dependent on the use of alcohol or other drugs; (ii) at the time of the hearing on the petition, he is no longer addicted to or psychologically dependent on the use of alcohol or other drugs; and (iii) the defendant does not constitute a threat to the safety and welfare of himself or others with regard to the driving of a motor vehicle. However, prior to acting on the petition, the court shall order that an evaluation of the person, to include an assessment of his degree of alcohol abuse and the appropriate treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action Program and recommendations therefrom be submitted to the court, and the court shall give the recommendations such weight as the court deems appropriate. The court may, in lieu of restoring the person’s privilege to drive, authorize the issuance of a restricted license for a period not to exceed five years in accordance with the provisions of § 18.2-270.1 and subsection E of § 18.2-271.1. The court shall notify the Virginia Alcohol Safety Action Program that during the term of the restricted license it shall monitor the person’s compliance with the terms of the restrictions imposed by the court. Any violation of the restrictions shall be reported to the court, and the court may then modify the restrictions or revoke the license.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":259601,"text":"For a restricted license to authorize such person to drive a motor vehicle in the Commonwealth in the course of his employment and to drive a motor vehicle to and from his home to the place of his employment after the expiration of three years from the date of his last conviction unless such person’s last conviction resulted from a final order being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket, or other specialty docket established pursuant to § 18.2-254.2 or 18.2-254.3 or Rule 1:25 of the Rules of Supreme Court of Virginia. If such person’s last conviction resulted from a final order being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket, or other specialty docket established pursuant to § 18.2-254.2 or 18.2-254.3 or Rule 1:25 of the Rules of Supreme Court of Virginia, such person may file a petition for a restricted license to be issued in accordance with the provisions of this subdivision without having to wait for the expiration of three years from the date of his last conviction, regardless of the date of such conviction. The court may order that a restricted license for such purposes be issued in accordance with the procedures of subsection E of § 18.2-271.1 if the court is satisfied from the evidence presented that (i) at the time of the previous convictions, the petitioner was addicted to or psychologically dependent on the use of alcohol or other drugs; (ii) at the time of the hearing on the petition, he is no longer addicted to or psychologically dependent on the use of alcohol or such other drugs; and (iii) the defendant does not constitute a threat to the safety and welfare of himself and others with regard to the driving of a motor vehicle. The court shall prohibit the person to whom a restricted license is issued from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system during all or any part of the term for which the restricted license is issued, in accordance with the provisions set forth in § 18.2-270.1. However, prior to acting on the petition, the court shall order that an evaluation of the person, to include an assessment of his degree of alcohol abuse and the appropriate treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action Program and recommendations therefrom be submitted to the court, and the court shall give the recommendations such weight as the court deems appropriate. The Virginia Alcohol Safety Action Program shall during the term of the restricted license monitor the person’s compliance with the terms of the restrictions imposed by the court. Any violation of the restrictions shall be reported to the court, and the court may then modify the restrictions or revoke the license.\n\t\t\t\tThe ignition interlock system installation requirement under subdivisions 1 and 2 need only be satisfied once as to any single revocation under subsection B for any person seeking restoration under subdivision 1 following the granting of a restricted license under subdivision 1 or 2.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":259602,"text":"Any person convicted of driving a motor vehicle or any self-propelled machinery or equipment (i) while his license is revoked pursuant to subsection A or B or (ii) in violation of the terms of a restricted license issued pursuant to subsection C shall, provided such revocation was based on at least one conviction for an offense committed after July 1, 1999, be punished as follows:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"6":{"id":259603,"text":"If such driving does not of itself endanger the life, limb, or property of another, such person is guilty of a Class 1 misdemeanor punishable by a mandatory minimum term of confinement in jail of 10 days except in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"7":{"id":259604,"text":"a. If such driving (i) of itself endangers the life, limb, or property of another or (ii) takes place while such person is in violation of § 18.2-36.1, 18.2-51.4, or 18.2-266, subsection A of § 46.2-341.24, or a substantially similar law or ordinance of another jurisdiction, irrespective of whether the driving of itself endangers the life, limb, or property of another and the person has been previously convicted of a violation of § 18.2-36.1, 18.2-51.4, or 18.2-266, subsection A of § 46.2-341.24, or a substantially similar local ordinance, or law of another jurisdiction, such person is guilty of a felony punishable by confinement in a state correctional facility for not less than one year nor more than five years, one year of which shall be a mandatory minimum term of confinement or, in the discretion of the jury or the court trying the case without a jury, by mandatory minimum confinement in jail for a period of 12 months and no portion of such sentence shall be suspended or run concurrently with any other sentence.\n\t\t\t\tb. However, in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"8":{"id":259605,"text":"If any such offense of driving is a second or subsequent violation, such person shall be punished as provided in subdivision 2, irrespective of whether the offense, of itself, endangers the life, limb, or property of another.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"9":{"id":259606,"text":"Notwithstanding the provisions of subdivisions D 2 and 3, following conviction and prior to imposition of sentence with the consent of the defendant, the court may order the defendant to be evaluated for and to participate in the community corrections alternative program pursuant to § 19.2-316.4.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"10":{"id":259607,"text":"Any period of driver’s license revocation imposed pursuant to this section shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":259608,"text":"Nothing in this section shall prohibit a person from operating any farm tractor on the highways when it is necessary to move the tractor from one tract of land used for agricultural purposes to another such tract of land when the distance between the tracts is no more than five miles.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":259609,"text":"Any person who operates a motor vehicle or any self-propelled machinery or equipment (i) while his license is revoked pursuant to subsection A or B or (ii) in violation of the terms of a restricted license issued pursuant to subsection C, where the provisions of subsection D do not apply, is guilty of a violation of § 18.2-272.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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; exceptions","url":"\/46.2-389\/","token":"46.2\/II\/3\/12\/46.2-389","metadata":false},{"id":86987,"structure_id":14811,"section_number":"46.2-390","catch_line":"Required suspension for conviction of theft or unauthorized use of a motor vehicle","url":"\/46.2-390\/","token":"46.2\/II\/3\/12\/46.2-390","metadata":false},{"id":74877,"structure_id":14811,"section_number":"46.2-390.1","catch_line":"Repealed","url":"\/46.2-390.1\/","token":"46.2\/II\/3\/12\/46.2-390.1","metadata":false},{"id":72043,"structure_id":14811,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","url":"\/46.2-391\/","token":"46.2\/II\/3\/12\/46.2-391","metadata":false},{"id":83723,"structure_id":14811,"section_number":"46.2-391.01","catch_line":"Administrative enforcement of ignition interlock requirements","url":"\/46.2-391.01\/","token":"46.2\/II\/3\/12\/46.2-391.01","metadata":false},{"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},{"id":66643,"structure_id":14811,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","url":"\/46.2-391.2\/","token":"46.2\/II\/3\/12\/46.2-391.2","metadata":false},{"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},{"id":72992,"structure_id":14811,"section_number":"46.2-391.4","catch_line":"When suspension to be rescinded","url":"\/46.2-391.4\/","token":"46.2\/II\/3\/12\/46.2-391.4","metadata":false},{"id":77964,"structure_id":14811,"section_number":"46.2-391.5","catch_line":"Preparation and distribution of forms","url":"\/46.2-391.5\/","token":"46.2\/II\/3\/12\/46.2-391.5","metadata":false},{"id":62771,"structure_id":14811,"section_number":"46.2-392","catch_line":"Suspension of license or issuance of a restricted license on conviction of certain offenses; probationary conditions required; generally","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; restoration of license; duty of clerk of the court","url":"\/46.2-400\/","token":"46.2\/II\/3\/12\/46.2-400","metadata":false},{"id":61484,"structure_id":14811,"section_number":"46.2-401","catch_line":"Reports to Commissioner of discharge of individuals from state facilities","url":"\/46.2-401\/","token":"46.2\/II\/3\/12\/46.2-401","metadata":false},{"id":77629,"structure_id":14811,"section_number":"46.2-402","catch_line":"When Commissioner may suspend or revoke license for not more than one year after hearing","url":"\/46.2-402\/","token":"46.2\/II\/3\/12\/46.2-402","metadata":false},{"id":74993,"structure_id":14811,"section_number":"46.2-403","catch_line":"Contents of notice of hearing","url":"\/46.2-403\/","token":"46.2\/II\/3\/12\/46.2-403","metadata":false},{"id":70169,"structure_id":14811,"section_number":"46.2-404","catch_line":"Where and before whom hearing held","url":"\/46.2-404\/","token":"46.2\/II\/3\/12\/46.2-404","metadata":false},{"id":81143,"structure_id":14811,"section_number":"46.2-405","catch_line":"How hearings to be conducted","url":"\/46.2-405\/","token":"46.2\/II\/3\/12\/46.2-405","metadata":false},{"id":66171,"structure_id":14811,"section_number":"46.2-406","catch_line":"Appointment and authority of hearing officers","url":"\/46.2-406\/","token":"46.2\/II\/3\/12\/46.2-406","metadata":false},{"id":57533,"structure_id":14811,"section_number":"46.2-407","catch_line":"Form and contents of decision; copies","url":"\/46.2-407\/","token":"46.2\/II\/3\/12\/46.2-407","metadata":false},{"id":75310,"structure_id":14811,"section_number":"46.2-408","catch_line":"When Commissioner may suspend or revoke license for no more than five years","url":"\/46.2-408\/","token":"46.2\/II\/3\/12\/46.2-408","metadata":false},{"id":77040,"structure_id":14811,"section_number":"46.2-409","catch_line":"Certain abstracts of conviction to be prima facie evidence of conviction","url":"\/46.2-409\/","token":"46.2\/II\/3\/12\/46.2-409","metadata":false},{"id":76313,"structure_id":14811,"section_number":"46.2-410","catch_line":"Appeals from order suspending or revoking license or registration","url":"\/46.2-410\/","token":"46.2\/II\/3\/12\/46.2-410","metadata":false},{"id":73385,"structure_id":14811,"section_number":"46.2-410.1","catch_line":"Judicial review of revocation or suspension by Commissioner","url":"\/46.2-410.1\/","token":"46.2\/II\/3\/12\/46.2-410.1","metadata":false},{"id":70879,"structure_id":14811,"section_number":"46.2-410.2","catch_line":"License suspension or revocation by Commissioner; 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":74877,"structure_id":14811,"section_number":"46.2-390.1","catch_line":"Repealed","url":"\/46.2-390.1\/","token":"46.2\/II\/3\/12\/46.2-390.1","metadata":false},"next_section":{"id":83723,"structure_id":14811,"section_number":"46.2-391.01","catch_line":"Administrative enforcement of ignition interlock requirements","url":"\/46.2-391.01\/","token":"46.2\/II\/3\/12\/46.2-391.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-391\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 21 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, chapter 541; in 1960, chapter 364; in 1964, chapter 194; in 1968, chapter 561; in 1976, chapters 359, 612, and 691; in 1983, chapter 504; in 1984, chapters 658, 673, and 780; in 1987, chapter 409; in 1989, chapters 705 and 727; in 1990, chapter 949; in 1994, chapter 573<\/a>; in 1995, chapter 486<\/a>; in 1997, chapters 691<\/a> and 706<\/a>; in 1999, chapters 945<\/a> and 987<\/a>; in 2000, chapters 243<\/a>, 956<\/a>, 958<\/a>, 959<\/a>, 980<\/a>, 982<\/a>, and 985<\/a>; in 2001, chapter 739<\/a>; in 2004, chapters 461<\/a>, 937<\/a>, and 951<\/a>; in 2013, chapters 415<\/a> and 655<\/a>; in 2016, chapter 230<\/a>; in 2019, chapter 618<\/a>; in 2024, chapters 552<\/a> and 568<\/a>.<\/p>","references":[{"id":81550,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","order_by":null,"url":"\/18.2-270.1\/"},{"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":71480,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","order_by":null,"url":"\/19.2-299.2\/"},{"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":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":83723,"section_number":"46.2-391.01","catch_line":"Administrative enforcement of ignition interlock requirements","order_by":null,"url":"\/46.2-391.01\/"},{"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\/"}],"refers_to":[{"id":71021,"section_number":"18.2-254.2","catch_line":"Specialty dockets; report","order_by":null,"url":"\/18.2-254.2\/"},{"id":69159,"section_number":"18.2-254.3","catch_line":"Behavioral Health Docket Act","order_by":null,"url":"\/18.2-254.3\/"},{"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":81550,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","order_by":null,"url":"\/18.2-270.1\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"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\/"}],"permalink":{"id":225775,"object_type":"law","relational_id":72043,"identifier":"46.2-391","token":"46.2\/II\/3\/12\/46.2-391","url":"\/46.2-391\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-391\/","token":"46.2\/II\/3\/12\/46.2-391","dublin_core":{"Title":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-391","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 three years the driver<\/span>’s license of any person on receiving a record of the conviction<\/span> of any person who (i) is adjudged to be a second offender in violation of the provisions of subsection A of § 46.2-341.24<\/a> (driving a commercial motor vehicle<\/span> under the influence of drugs or intoxicants), or § 18.2-266<\/a> (driving under the influence of drugs or intoxicants), if the subsequent violation occurred within 10 years of the prior violation, or (ii) is convicted of any two or more offenses<\/span> of § 18.2-272<\/a> (driving while the driver<\/span>’s license has been forfeited for a conviction<\/span> under § 18.2-266<\/a>) if the second or subsequent violation occurred within 10 years of the prior offense<\/span>. However, if the Commissioner<\/span> has received a copy of a court order<\/span> authorizing issuance of a restricted license as provided in subsection E of § 18.2-271.1<\/a>, he shall proceed as provided in the order of the court. For the purposes of this subsection, an offense<\/span> in violation of a valid local ordinance<\/span>, or law<\/span> of any other jurisdiction<\/span>, which ordinance<\/span> or law<\/span> is substantially similar to any provision of Virginia law<\/span> herein shall be considered an offense<\/span> in violation of such provision of Virginia law<\/span>. Additionally, in no 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 court order<\/span> to do so unless the requirement for completion of the program has been waived by the court for good cause shown. A conviction<\/span> includes a finding<\/span> of not innocent in the case of a juvenile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall forthwith revoke<\/span> and not thereafter reissue the driver<\/span>’s license of any person after receiving a record of the conviction<\/span> of any person (i) convicted of a violation of § 18.2-36.1<\/a> or 18.2-51.4<\/a> or a felony<\/span> violation of § 18.2-266<\/a> or (ii) convicted of three offenses<\/span> arising out of separate incidents or occurrences within a period of 10 years in violation of the provisions of subsection A of § 46.2-341.24<\/a>, § 18.2-266<\/a>, or a substantially similar ordinance<\/span> or law<\/span> of any other jurisdiction<\/span>, or any combination of three such offenses<\/span>. A conviction<\/span> includes a finding<\/span> of not innocent in the case of a juvenile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who has had his driver<\/span>’s license revoked in accordance with subsection B may petition<\/span> the circuit<\/span> court of his residence, or, if a nonresident<\/span> of Virginia, any circuit<\/span> court: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For restoration of his privilege<\/span> to drive a motor vehicle<\/span> in the Commonwealth after the expiration of five years from the date of his last conviction<\/span>. On such petition<\/span>, and for good cause shown, the court may, in its discretion, restore to the person the privilege<\/span> to drive a motor vehicle<\/span> in the Commonwealth on condition that such person install an ignition interlock system in accordance with § 18.2-270.1<\/a> on all motor vehicles<\/span>, as defined in § 46.2-100<\/a>, owned by or registered to him, in whole or in part, for a period of at least six months, and upon whatever other conditions the court may prescribe, subject to the provisions of law<\/span> relating to issuance of driver<\/span>’s licenses, if the court is satisfied from the evidence<\/span> presented that (i) at the time of his previous convictions<\/span>, the petitioner was addicted to or psychologically dependent on the use of alcohol or other drugs; (ii) at the time of the hearing<\/span> on the petition<\/span>, he is no longer addicted to or psychologically dependent on the use of alcohol or other drugs; and (iii) the defendant<\/span> does not constitute a threat to the safety and welfare of himself or others with regard to the driving of a motor vehicle<\/span>. However, prior to acting on the petition<\/span>, the court shall order that an evaluation of the person, to include an assessment of his degree of alcohol abuse and the appropriate treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action Program and recommendations therefrom be submitted to the court, and the court shall give the recommendations such weight as the court deems appropriate. The court may, in lieu of restoring the person’s privilege<\/span> to drive, authorize the issuance of a restricted license for a period not to exceed five years in accordance with the provisions of § 18.2-270.1<\/a> and subsection E of § 18.2-271.1<\/a>. The court shall notify the Virginia Alcohol Safety Action Program that during the term of the restricted license it shall monitor the person’s compliance with the terms of the restrictions imposed by the court. Any violation of the restrictions shall be reported to the court, and the court may then modify the restrictions or revoke<\/span> the license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a restricted license to authorize such person to drive a motor vehicle<\/span> in the Commonwealth in the course of his employment and to drive a motor vehicle<\/span> to and from his home to the place of his employment after the expiration of three years from the date of his last conviction<\/span> unless such person’s last conviction<\/span> resulted from a final order<\/span> being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket<\/span>, or other specialty docket<\/span> established pursuant to § 18.2-254.2<\/a> or 18.2-254.3<\/a> or Rule 1:25 of the Rules of Supreme Court of Virginia. If such person’s last conviction<\/span> resulted from a final order<\/span> being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket<\/span>, or other specialty docket<\/span> established pursuant to § 18.2-254.2<\/a> or 18.2-254.3<\/a> or Rule 1:25 of the Rules of Supreme Court of Virginia, such person may file a petition<\/span> for a restricted license to be issued in accordance with the provisions of this subdivision without having to wait for the expiration of three years from the date of his last conviction<\/span>, regardless of the date of such conviction<\/span>. The court may order that a restricted license for such purposes be issued in accordance with the procedures of subsection E of § 18.2-271.1<\/a> if the court is satisfied from the evidence<\/span> presented that (i) at the time of the previous convictions<\/span>, the petitioner was addicted to or psychologically dependent on the use of alcohol or other drugs; (ii) at the time of the hearing<\/span> on the petition<\/span>, he is no longer addicted to or psychologically dependent on the use of alcohol or such other drugs; and (iii) the defendant<\/span> does not constitute a threat to the safety and welfare of himself and others with regard to the driving of a motor vehicle<\/span>. The court shall prohibit the person to whom a restricted license is issued from operating a motor vehicle<\/span> that is not equipped with a functioning, certified ignition interlock system during all or any part of the term for which the restricted license is issued, in accordance with the provisions set forth in § 18.2-270.1<\/a>. However, prior to acting on the petition<\/span>, the court shall order that an evaluation of the person, to include an assessment of his degree of alcohol abuse and the appropriate treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action Program and recommendations therefrom be submitted to the court, and the court shall give the recommendations such weight as the court deems appropriate. The Virginia Alcohol Safety Action Program shall during the term of the restricted license monitor the person’s compliance with the terms of the restrictions imposed by the court. Any violation of the restrictions shall be reported to the court, and the court may then modify the restrictions or revoke<\/span> the license.\n\t\t\t\tThe ignition interlock system installation requirement under subdivisions 1 and 2 need only be satisfied once as to any single revocation<\/span> under subsection B for any person seeking restoration under subdivision 1 following the granting of a restricted license under subdivision 1 or 2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person convicted of driving a motor vehicle<\/span> or any self-propelled machinery or equipment (i) while his license is revoked pursuant to subsection A or B or (ii) in violation of the terms of a restricted license issued pursuant to subsection C shall, provided such revocation<\/span> was based on at least one conviction<\/span> for an offense<\/span> committed after July 1, 1999, be punished as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If such driving does not of itself endanger the life, limb, or property of another, such person is guilty of a Class 1 misdemeanor<\/span> punishable by a mandatory minimum term of confinement in jail of 10 days except in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> a. If such driving (i) of itself endangers the life, limb, or property of another or (ii) takes place while such person is in violation of § 18.2-36.1<\/a>, 18.2-51.4<\/a>, or 18.2-266<\/a>, subsection A of § 46.2-341.24<\/a>, or a substantially similar law<\/span> or ordinance<\/span> of another jurisdiction<\/span>, irrespective of whether the driving of itself endangers the life, limb, or property of another and the person has been previously convicted of a violation of § 18.2-36.1<\/a>, 18.2-51.4<\/a>, or 18.2-266<\/a>, subsection A of § 46.2-341.24<\/a>, or a substantially similar local ordinance<\/span>, or law<\/span> of another jurisdiction<\/span>, such person is guilty of a felony<\/span> punishable by confinement in a state correctional facility for not less than one year nor more than five years, one year of which shall be a mandatory minimum term of confinement or, in the discretion of the jury<\/span> or the court trying the case without a jury<\/span>, by mandatory minimum confinement in jail for a period of 12 months and no portion of such sentence shall be suspended or run concurrently with any other sentence.\n\t\t\t\tb. However, in cases wherein such operation is necessitated in situations of apparent extreme emergency that require such operation to save life or limb, the sentence, or any part thereof, may be suspended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If any such offense<\/span> of driving is a second or subsequent violation, such person shall be punished as provided in subdivision 2, irrespective of whether the offense<\/span>, of itself, endangers the life, limb, or property of another. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subdivisions D 2 and 3, following conviction<\/span> and prior to imposition of sentence with the consent of the defendant<\/span>, the court may order the defendant<\/span> to be evaluated for and to participate in the community corrections alternative program pursuant to § 19.2-316.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any period of driver<\/span>’s license revocation<\/span> imposed pursuant to this section shall not begin to expire until the person convicted has surrendered his license to the court or to the Department<\/span> of Motor Vehicles<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall prohibit a person from operating any farm tractor<\/span> on the highways<\/span><\/span> when it is necessary to move the tractor from one tract of land used for agricultural purposes to another such tract of land when the distance between the tracts is no more than five miles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any person who operates a motor vehicle<\/span> or any self-propelled machinery or equipment (i) while his license is revoked pursuant to subsection A or B or (ii) in violation of the terms of a restricted license issued pursuant to subsection C, where the provisions of subsection D do not apply, is guilty of a violation of § 18.2-272<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OF LICENSE FOR MULTIPLE CONVICTIONS OF DRIVING WHILE INTOXICATED;\nEXCEPTION; PETITION FOR RESTORATION OF PRIVILEGE (\u00a7 46.2-391)\n\nA. The Commissioner shall forthwith revoke and not thereafter reissue for three\nyears the driver’s license of any person on receiving a record of the\nconviction of any person who (i) is adjudged to be a second offender in\nviolation of the provisions of subsection A of § 46.2-341.24 (driving a\ncommercial motor vehicle under the influence of drugs or intoxicants), or §\n18.2-266 (driving under the influence of drugs or intoxicants), if the\nsubsequent violation occurred within 10 years of the prior violation, or (ii) is\nconvicted of any two or more offenses of § 18.2-272 (driving while the\ndriver’s license has been forfeited for a conviction under §\n18.2-266) if the second or subsequent violation occurred within 10 years of the\nprior offense. However, if the Commissioner has received a copy of a court order\nauthorizing issuance of a restricted license as provided in subsection E of\n§ 18.2-271.1, he shall proceed as provided in the order of the court. For\nthe purposes of this subsection, an offense in violation of a valid local\nordinance, or law of any other jurisdiction, which ordinance or law is\nsubstantially similar to any provision of Virginia law herein shall be\nconsidered an offense in violation of such provision of Virginia law.\nAdditionally, in no event shall the Commissioner reinstate the driver’s\nlicense of any person convicted of a violation of § 18.2-266, or of a\nsubstantially similar valid local ordinance or law of another jurisdiction,\nuntil receipt of notification that such person has successfully completed an\nalcohol safety action program if such person was required by court order to do\nso unless the requirement for completion of the program has been waived by the\ncourt for good cause shown. A conviction includes a finding of not innocent in\nthe case of a juvenile.\n\nB. The Commissioner shall forthwith revoke and not thereafter reissue the\ndriver’s license of any person after receiving a record of the conviction\nof any person (i) convicted of a violation of § 18.2-36.1 or 18.2-51.4 or a\nfelony violation of § 18.2-266 or (ii) convicted of three offenses arising\nout of separate incidents or occurrences within a period of 10 years in\nviolation of the provisions of subsection A of § 46.2-341.24, § \n18.2-266, or a substantially similar ordinance or law of any other jurisdiction,\nor any combination of three such offenses. A conviction includes a finding of\nnot innocent in the case of a juvenile.\n\nC. Any person who has had his driver’s license revoked in accordance with\nsubsection B may petition the circuit court of his residence, or, if a\nnonresident of Virginia, any circuit court:\n\n 1. For restoration of his privilege to drive a motor vehicle in the\n Commonwealth after the expiration of five years from the date of his last\n conviction. On such petition, and for good cause shown, the court may, in its\n discretion, restore to the person the privilege to drive a motor vehicle in\n the Commonwealth on condition that such person install an ignition interlock\n system in accordance with § 18.2-270.1 on all motor vehicles, as defined\n in § 46.2-100, owned by or registered to him, in whole or in part, for a\n period of at least six months, and upon whatever other conditions the court\n may prescribe, subject to the provisions of law relating to issuance of\n driver’s licenses, if the court is satisfied from the evidence presented\n that (i) at the time of his previous convictions, the petitioner was addicted\n to or psychologically dependent on the use of alcohol or other drugs; (ii) at\n the time of the hearing on the petition, he is no longer addicted to or\n psychologically dependent on the use of alcohol or other drugs; and (iii) the\n defendant does not constitute a threat to the safety and welfare of himself or\n others with regard to the driving of a motor vehicle. However, prior to acting\n on the petition, the court shall order that an evaluation of the person, to\n include an assessment of his degree of alcohol abuse and the appropriate\n treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action\n Program and recommendations therefrom be submitted to the court, and the court\n shall give the recommendations such weight as the court deems appropriate. The\n court may, in lieu of restoring the person’s privilege to drive,\n authorize the issuance of a restricted license for a period not to exceed five\n years in accordance with the provisions of § 18.2-270.1 and subsection E\n of § 18.2-271.1. The court shall notify the Virginia Alcohol Safety\n Action Program that during the term of the restricted license it shall monitor\n the person’s compliance with the terms of the restrictions imposed by\n the court. Any violation of the restrictions shall be reported to the court,\n and the court may then modify the restrictions or revoke the license.\n\n 2. For a restricted license to authorize such person to drive a motor vehicle\n in the Commonwealth in the course of his employment and to drive a motor\n vehicle to and from his home to the place of his employment after the\n expiration of three years from the date of his last conviction unless such\n person’s last conviction resulted from a final order being entered by a\n court after the successful completion of a Veterans Treatment Court Program,\n behavioral health docket, or other specialty docket established pursuant to\n § 18.2-254.2 or 18.2-254.3 or Rule 1:25 of the Rules of Supreme Court of\n Virginia. If such person’s last conviction resulted from a final order\n being entered by a court after the successful completion of a Veterans\n Treatment Court Program, behavioral health docket, or other specialty docket\n established pursuant to § 18.2-254.2 or 18.2-254.3 or Rule 1:25 of the\n Rules of Supreme Court of Virginia, such person may file a petition for a\n restricted license to be issued in accordance with the provisions of this\n subdivision without having to wait for the expiration of three years from the\n date of his last conviction, regardless of the date of such conviction. The\n court may order that a restricted license for such purposes be issued in\n accordance with the procedures of subsection E of § 18.2-271.1 if the\n court is satisfied from the evidence presented that (i) at the time of the\n previous convictions, the petitioner was addicted to or psychologically\n dependent on the use of alcohol or other drugs; (ii) at the time of the\n hearing on the petition, he is no longer addicted to or psychologically\n dependent on the use of alcohol or such other drugs; and (iii) the defendant\n does not constitute a threat to the safety and welfare of himself and others\n with regard to the driving of a motor vehicle. The court shall prohibit the\n person to whom a restricted license is issued from operating a motor vehicle\n that is not equipped with a functioning, certified ignition interlock system\n during all or any part of the term for which the restricted license is issued,\n in accordance with the provisions set forth in § 18.2-270.1. However,\n prior to acting on the petition, the court shall order that an evaluation of\n the person, to include an assessment of his degree of alcohol abuse and the\n appropriate treatment therefor, if any, be conducted by a Virginia Alcohol\n Safety Action Program and recommendations therefrom be submitted to the court,\n and the court shall give the recommendations such weight as the court deems\n appropriate. The Virginia Alcohol Safety Action Program shall during the term\n of the restricted license monitor the person’s compliance with the terms\n of the restrictions imposed by the court. Any violation of the restrictions\n shall be reported to the court, and the court may then modify the restrictions\n or revoke the license.\n \t\t\t\tThe ignition interlock system installation requirement under subdivisions\n 1 and 2 need only be satisfied once as to any single revocation under\n subsection B for any person seeking restoration under subdivision 1 following\n the granting of a restricted license under subdivision 1 or 2.\n\nD. Any person convicted of driving a motor vehicle or any self-propelled\nmachinery or equipment (i) while his license is revoked pursuant to subsection A\nor B or (ii) in violation of the terms of a restricted license issued pursuant\nto subsection C shall, provided such revocation was based on at least one\nconviction for an offense committed after July 1, 1999, be punished as follows:\n\n 1. If such driving does not of itself endanger the life, limb, or property of\n another, such person is guilty of a Class 1 misdemeanor punishable by a\n mandatory minimum term of confinement in jail of 10 days except in cases\n wherein such operation is necessitated in situations of apparent extreme\n emergency that require such operation to save life or limb, the sentence, or\n any part thereof, may be suspended.\n\n 2. a. If such driving (i) of itself endangers the life, limb, or property of\n another or (ii) takes place while such person is in violation of § \n 18.2-36.1, 18.2-51.4, or 18.2-266, subsection A of § 46.2-341.24, or a\n substantially similar law or ordinance of another jurisdiction, irrespective\n of whether the driving of itself endangers the life, limb, or property of\n another and the person has been previously convicted of a violation of § \n 18.2-36.1, 18.2-51.4, or 18.2-266, subsection A of § 46.2-341.24, or a\n substantially similar local ordinance, or law of another jurisdiction, such\n person is guilty of a felony punishable by confinement in a state correctional\n facility for not less than one year nor more than five years, one year of\n which shall be a mandatory minimum term of confinement or, in the discretion\n of the jury or the court trying the case without a jury, by mandatory minimum\n confinement in jail for a period of 12 months and no portion of such sentence\n shall be suspended or run concurrently with any other sentence.\n \t\t\t\tb. However, in cases wherein such operation is necessitated in situations\n of apparent extreme emergency that require such operation to save life or\n limb, the sentence, or any part thereof, may be suspended.\n\n 3. If any such offense of driving is a second or subsequent violation, such\n person shall be punished as provided in subdivision 2, irrespective of whether\n the offense, of itself, endangers the life, limb, or property of another.\n\nE. Notwithstanding the provisions of subdivisions D 2 and 3, following\nconviction and prior to imposition of sentence with the consent of the\ndefendant, the court may order the defendant to be evaluated for and to\nparticipate in the community corrections alternative program pursuant to §\n19.2-316.4.\n\nF. Any period of driver’s license revocation imposed pursuant to this\nsection shall not begin to expire until the person convicted has surrendered his\nlicense to the court or to the Department of Motor Vehicles.\n\nG. Nothing in this section shall prohibit a person from operating any farm\ntractor on the highways when it is necessary to move the tractor from one tract\nof land used for agricultural purposes to another such tract of land when the\ndistance between the tracts is no more than five miles.\n\nH. Any person who operates a motor vehicle or any self-propelled machinery or\nequipment (i) while his license is revoked pursuant to subsection A or B or (ii)\nin violation of the terms of a restricted license issued pursuant to subsection\nC, where the provisions of subsection D do not apply, is guilty of a violation\nof § 18.2-272.\n\nHISTORY: Code 1950, \u00a7 46-417; 1958, c. 541, \u00a7 46.1-421; 1960, c. 364; 1964, c.\n194; 1968, c. 561; 1976, cc. 359, 612, 691; 1983, c. 504; 1984, cc. 658, 673,\n780; 1987, c. 409; 1989, cc. 705, 727; 1990, c. 949; 1994, c. 573; 1995, c. 486;\n1997, cc. 691, 706; 1999, cc. 945, 987; 2000, cc. 243, 956, 958, 959, 980, 982,\n985; 2001, c. 739; 2004, cc. 461, 937, 951; 2013, cc. 415, 655; 2016, c. 230;\n2019, c. 618; 2024, cc. 552, 568.","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}}