                                 CODE OF VIRGINIA

SUSPENSION OF LICENSE OR ISSUANCE OF A RESTRICTED LICENSE ON CONVICTION OF
CERTAIN OFFENSES; PROBATIONARY CONDITIONS REQUIRED; GENERALLY (§ 46.2-392)

In addition to the penalties for careless driving and infliction of injury or
death on vulnerable road users prescribed in § 46.2-816.1, the penalties for
reckless driving prescribed in § 46.2-868, and the penalties for aggressive
driving prescribed in § 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 § 46.2-398.
		Additionally, 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.
		If 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.
		The 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 §
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 § 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 § 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 (§ 46.2-341.1 et seq.).

HISTORY: Code 1950, § 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c.
541, § 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.