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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>62771</law_id><section_number>46.2-392</section_number><catch_line>Suspension of license or issuance of a restricted license on conviction of certain offenses; probationary conditions required; generally</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>18.2-271.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="46.2">Motor Vehicles</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Titling, Registration and Licensure</unit><unit label="chapter" level="3" order_by="1" identifier="3">Licensure of Drivers</unit><unit label="article" level="4" order_by="1" identifier="12">Suspension and Revocation of Licenses, Generally; Additional Penalties</unit></structure><text>
						<section><p>In addition to the penalties for careless driving and infliction of injury or death on vulnerable road users prescribed in &#xA7;&#xA0;<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 &#xA7;&#xA0;<a class="law" title="Reckless driving; penalties" href="/46.2-868/">46.2-868</a>, and the penalties for aggressive driving prescribed in &#xA7;&#xA0;<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>&#x2019;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 &#xA7;&#xA0;<a class="law" title="(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension" href="/46.2-398/">46.2-398</a>.
		Additionally, 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&#x2019;s <span class="dictionary">driver</span>&#x2019;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>&#x2019;s license of the person until receipt of certification that the person has enrolled in and completed the alcohol safety action program.
		If 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>.
		The 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 &#xA7;&#xA0;<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&#x2019;s license to operate a <span class="dictionary">motor vehicle</span> to be disposed of in accordance with the provisions of &#xA7;&#xA0;<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 &#xA7;&#xA0;<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>&#x2019;s License Act (&#xA7;&#xA0;<a class="law" title="Title" href="/46.2-341.1/">46.2-341.1</a> et seq.).</p></section></text><history>Code 1950, &#xA7; 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c. 541, &#xA7; 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.</history><metadata></metadata></law>
