{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-392.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-392.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-392.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-392.html"}],"law_id":62771,"edition_id":1,"section_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","history":"Code 1950, \u00a7 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c. 541, \u00a7 46.1-422; 1981, c. 237; 1989, c. 727; 1996, c. 615; 2000, c. 342; 2001, cc. 645, 779; 2004, c. 361; 2007, c. 432; 2022, cc. 506, 507; 2023, cc. 561, 562.","full_text":"In addition to the penalties for careless driving and infliction of injury or death on vulnerable road users prescribed in \u00a7 46.2-816.1, the penalties for reckless driving prescribed in \u00a7 46.2-868, and the penalties for aggressive driving prescribed in \u00a7 46.2-868.1, the court may suspend the driver&#8217;s license issued to a person convicted of careless driving and infliction of injury or death on vulnerable road users, reckless driving, or aggressive driving for a period of not less than 10 days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with \u00a7 46.2-398.\n\t\tAdditionally, any person convicted of a reckless driving offense which the court has reason to believe is alcohol-related or drug-related may be required as a condition of probation or otherwise to enter into and successfully complete an alcohol safety action program. If the court suspends a person&#8217;s driver&#8217;s license for reckless driving and requires the person to enter into and successfully complete an alcohol safety action program, the Commissioner shall not reinstate the driver&#8217;s license of the person until receipt of certification that the person has enrolled in and completed the alcohol safety action program.\n\t\tIf a person so convicted has not obtained the license required by this chapter, or is a nonresident, the court may direct in the judgment of conviction that he shall not, for a period of not less than 10 days or more than six months as may be prescribed in the judgment, drive any motor vehicle in the Commonwealth. The court or the clerk of court shall transmit the license to the Commissioner along with the report of the conviction required to be sent to the Department.\n\t\tThe court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle during the period of suspension for any of the purposes set forth in subsection E of \u00a7 18.2-271.1. The court shall order the surrender of such person&#8217;s license to operate a motor vehicle to be disposed of in accordance with the provisions of \u00a7 46.2-398 and shall forward to the Commissioner a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to the person who may operate a motor vehicle on the order until receipt from the Commissioner of a restricted license. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be punished as provided in subsection C of \u00a7 46.2-301. No restricted license issued pursuant to this section shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver&#8217;s License Act (\u00a7 46.2-341.1 et seq.).","order_by":null,"text":{"0":{"id":228831,"text":"In addition to the penalties for careless driving and infliction of injury or death on vulnerable road users prescribed in \u00a7 46.2-816.1, the penalties for reckless driving prescribed in \u00a7 46.2-868, and the penalties for aggressive driving prescribed in \u00a7 46.2-868.1, the court may suspend the driver&#8217;s license issued to a person convicted of careless driving and infliction of injury or death on vulnerable road users, reckless driving, or aggressive driving for a period of not less than 10 days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with \u00a7 46.2-398.\n\t\tAdditionally, any person convicted of a reckless driving offense which the court has reason to believe is alcohol-related or drug-related may be required as a condition of probation or otherwise to enter into and successfully complete an alcohol safety action program. If the court suspends a person&#8217;s driver&#8217;s license for reckless driving and requires the person to enter into and successfully complete an alcohol safety action program, the Commissioner shall not reinstate the driver&#8217;s license of the person until receipt of certification that the person has enrolled in and completed the alcohol safety action program.\n\t\tIf a person so convicted has not obtained the license required by this chapter, or is a nonresident, the court may direct in the judgment of conviction that he shall not, for a period of not less than 10 days or more than six months as may be prescribed in the judgment, drive any motor vehicle in the Commonwealth. The court or the clerk of court shall transmit the license to the Commissioner along with the report of the conviction required to be sent to the Department.\n\t\tThe court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle during the period of suspension for any of the purposes set forth in subsection E of \u00a7 18.2-271.1. The court shall order the surrender of such person&#8217;s license to operate a motor vehicle to be disposed of in accordance with the provisions of \u00a7 46.2-398 and shall forward to the Commissioner a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to the person who may operate a motor vehicle on the order until receipt from the Commissioner of a restricted license. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be punished as provided in subsection C of \u00a7 46.2-301. No restricted license issued pursuant to this section shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver&#8217;s License Act (\u00a7 46.2-341.1 et seq.).","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-392\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1981, chapter 237; in 1989, chapter 727; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0615\">615<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0342\">342<\/a>; in 2001, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0645\">645<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0779\">779<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0361\">361<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0432\">432<\/a>; in 2022, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0506\">506<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0507\">507<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0561\">561<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0562\">562<\/a>.<\/p>","references":[{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"}],"refers_to":[{"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":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":62139,"section_number":"46.2-341.1","catch_line":"Title","order_by":null,"url":"\/46.2-341.1\/"},{"id":73682,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","order_by":null,"url":"\/46.2-398\/"},{"id":81052,"section_number":"46.2-816.1","catch_line":"Careless driving and infliction of injury or death on vulnerable road users; penalty","order_by":null,"url":"\/46.2-816.1\/"},{"id":71700,"section_number":"46.2-868","catch_line":"Reckless driving; penalties","order_by":null,"url":"\/46.2-868\/"},{"id":64733,"section_number":"46.2-868.1","catch_line":"Aggressive driving; penalties","order_by":null,"url":"\/46.2-868.1\/"}],"permalink":{"id":225803,"object_type":"law","relational_id":62771,"identifier":"46.2-392","token":"46.2\/II\/3\/12\/46.2-392","url":"\/46.2-392\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-392\/","token":"46.2\/II\/3\/12\/46.2-392","dublin_core":{"Title":"Suspension of license or issuance of a restricted license on conviction of certain offenses; probationary conditions required; generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-392","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In addition to the penalties for careless driving and infliction of injury or death on vulnerable road users prescribed in \u00a7&nbsp;<a class=\"law\" title=\"Careless driving and infliction of injury or death on vulnerable road users; penalty\" href=\"\/46.2-816.1\/\">46.2-816.1<\/a>, the penalties for <span class=\"dictionary\">reckless driving<\/span> prescribed in \u00a7&nbsp;<a class=\"law\" title=\"Reckless driving; penalties\" href=\"\/46.2-868\/\">46.2-868<\/a>, and the penalties for aggressive driving prescribed in \u00a7&nbsp;<a class=\"law\" title=\"Aggressive driving; penalties\" href=\"\/46.2-868.1\/\">46.2-868.1<\/a>, the court may <span class=\"dictionary\">suspend<\/span> the <span class=\"dictionary\">driver<\/span>&#8217;s license issued to a person convicted of careless driving and infliction of injury or death on vulnerable road users, <span class=\"dictionary\">reckless driving<\/span>, or aggressive driving for a period of not less than 10 days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with \u00a7&nbsp;<a class=\"law\" title=\"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension\" href=\"\/46.2-398\/\">46.2-398<\/a>.\n\t\tAdditionally, any person convicted of a <span class=\"dictionary\">reckless driving<\/span> <span class=\"dictionary\">offense<\/span> which the court has reason to believe is alcohol-related or drug-related may be required as a condition of <span class=\"dictionary\">probation<\/span> or otherwise to enter into and successfully complete an alcohol safety action program. If the court <span class=\"dictionary\">suspends<\/span> a person&#8217;s <span class=\"dictionary\">driver<\/span>&#8217;s license for <span class=\"dictionary\">reckless driving<\/span> and requires the person to enter into and successfully complete an alcohol safety action program, the <span class=\"dictionary\">Commissioner<\/span> shall not reinstate the <span class=\"dictionary\">driver<\/span>&#8217;s license of the person until receipt of certification that the person has enrolled in and completed the alcohol safety action program.\n\t\tIf a person so convicted has not obtained the license required by this chapter, or is a <span class=\"dictionary\">nonresident<\/span>, the court may direct in the <span class=\"dictionary\">judgment<\/span> of <span class=\"dictionary\">conviction<\/span> that he shall not, for a period of not less than 10 days or more than six months as may be prescribed in the <span class=\"dictionary\">judgment<\/span>, drive any <span class=\"dictionary\">motor vehicle<\/span> in the Commonwealth. The court or the <span class=\"dictionary\">clerk of court<\/span> shall transmit the license to the <span class=\"dictionary\">Commissioner<\/span> along with the report of the <span class=\"dictionary\">conviction<\/span> required to be sent to the <span class=\"dictionary\">Department<\/span>.\n\t\tThe court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a <span class=\"dictionary\">motor vehicle<\/span> during the period of <span class=\"dictionary\">suspension<\/span> for any of the purposes set forth in subsection E of \u00a7&nbsp;<a class=\"law\" title=\"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law\" href=\"\/18.2-271.1\/\">18.2-271.1<\/a>. The court shall <span class=\"dictionary\">order<\/span> the surrender of such person&#8217;s license to operate a <span class=\"dictionary\">motor vehicle<\/span> to be disposed of in accordance with the provisions of \u00a7&nbsp;<a class=\"law\" title=\"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension\" href=\"\/46.2-398\/\">46.2-398<\/a> and shall forward to the <span class=\"dictionary\">Commissioner<\/span> a copy of its <span class=\"dictionary\">order<\/span> entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its <span class=\"dictionary\">order<\/span> to the person who may operate a <span class=\"dictionary\">motor vehicle<\/span> on the <span class=\"dictionary\">order<\/span> until receipt from the <span class=\"dictionary\">Commissioner<\/span> of a restricted license. A copy of such <span class=\"dictionary\">order<\/span> and, after receipt thereof, the restricted license shall be carried at all times while operating a <span class=\"dictionary\">motor vehicle<\/span>. Any person who operates a <span class=\"dictionary\">motor vehicle<\/span> in violation of any restrictions imposed pursuant to this section shall be punished as provided in subsection C of \u00a7&nbsp;<a class=\"law\" title=\"Driving while license, permit, or privilege to drive suspended or revoked\" href=\"\/46.2-301\/\">46.2-301<\/a>. No restricted license issued pursuant to this section shall permit any person to operate a commercial <span class=\"dictionary\">motor vehicle<\/span> as defined in the Virginia Commercial <span class=\"dictionary\">Driver<\/span>&#8217;s License Act (\u00a7&nbsp;<a class=\"law\" title=\"Title\" href=\"\/46.2-341.1\/\">46.2-341.1<\/a> et seq.).<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUSPENSION OF LICENSE OR ISSUANCE OF A RESTRICTED LICENSE ON CONVICTION OF\nCERTAIN OFFENSES; PROBATIONARY CONDITIONS REQUIRED; GENERALLY (\u00a7 46.2-392)\n\nIn addition to the penalties for careless driving and infliction of injury or\ndeath on vulnerable road users prescribed in \u00a7 46.2-816.1, the penalties for\nreckless driving prescribed in \u00a7 46.2-868, and the penalties for aggressive\ndriving prescribed in \u00a7 46.2-868.1, the court may suspend the driver&#8217;s\nlicense issued to a person convicted of careless driving and infliction of\ninjury or death on vulnerable road users, reckless driving, or aggressive\ndriving for a period of not less than 10 days nor more than six months and the\ncourt shall require the convicted person to surrender his license so suspended\nto the court where it will be disposed of in accordance with \u00a7 46.2-398.\n\t\tAdditionally, any person convicted of a reckless driving offense which the\ncourt has reason to believe is alcohol-related or drug-related may be required\nas a condition of probation or otherwise to enter into and successfully complete\nan alcohol safety action program. If the court suspends a person&#8217;s\ndriver&#8217;s license for reckless driving and requires the person to enter\ninto and successfully complete an alcohol safety action program, the\nCommissioner shall not reinstate the driver&#8217;s license of the person until\nreceipt of certification that the person has enrolled in and completed the\nalcohol safety action program.\n\t\tIf a person so convicted has not obtained the license required by this\nchapter, or is a nonresident, the court may direct in the judgment of conviction\nthat he shall not, for a period of not less than 10 days or more than six months\nas may be prescribed in the judgment, drive any motor vehicle in the\nCommonwealth. The court or the clerk of court shall transmit the license to the\nCommissioner along with the report of the conviction required to be sent to the\nDepartment.\n\t\tThe court may, in its discretion and for good cause shown, provide that such\nperson be issued a restricted permit to operate a motor vehicle during the\nperiod of suspension for any of the purposes set forth in subsection E of \u00a7\n18.2-271.1. The court shall order the surrender of such person&#8217;s license\nto operate a motor vehicle to be disposed of in accordance with the provisions\nof \u00a7 46.2-398 and shall forward to the Commissioner a copy of its order entered\npursuant to this subsection, which shall specifically enumerate the restrictions\nimposed and contain such information regarding the person to whom such a permit\nis issued as is reasonably necessary to identify such person. The court shall\nalso provide a copy of its order to the person who may operate a motor vehicle\non the order until receipt from the Commissioner of a restricted license. A copy\nof such order and, after receipt thereof, the restricted license shall be\ncarried at all times while operating a motor vehicle. Any person who operates a\nmotor vehicle in violation of any restrictions imposed pursuant to this section\nshall be punished as provided in subsection C of \u00a7 46.2-301. No restricted\nlicense issued pursuant to this section shall permit any person to operate a\ncommercial motor vehicle as defined in the Virginia Commercial Driver&#8217;s\nLicense Act (\u00a7 46.2-341.1 et seq.).\n\nHISTORY: Code 1950, \u00a7 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c.\n541, \u00a7 46.1-422; 1981, c. 237; 1989, c. 727; 1996, c. 615; 2000, c. 342; 2001,\ncc. 645, 779; 2004, c. 361; 2007, c. 432; 2022, cc. 506, 507; 2023, cc. 561,\n562.","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}}