                                 CODE OF VIRGINIA

FORFEITURE OF DRIVER&#8217;S LICENSE FOR DRIVING WHILE INTOXICATED (§ 18.2-271)

A. Except as provided in &#xA7; 18.2-271.1, the judgment of conviction if for a
first offense under &#xA7; 18.2-266 or for a similar offense under any county,
city, or town ordinance, or for a first offense under subsection A of &#xA7;
46.2-341.24, shall of itself operate to deprive the person so convicted of the
privilege to drive or operate any motor vehicle, engine or train in the
Commonwealth for a period of one year from the date of such judgment. This
suspension period shall be in addition to the suspension period provided under
&#xA7; 46.2-391.2.

B. If a person (i) is tried on a process alleging a second offense of violating
&#xA7; 18.2-266 or subsection A of &#xA7; 46.2-341.24, or any substantially
similar local ordinance, or law of any other jurisdiction, within ten years of a
first offense for which the person was convicted, or found guilty in the case of
a juvenile, under &#xA7; 18.2-266 or subsection A of &#xA7; 46.2-341.24 or any
valid local ordinance or any law of any other jurisdiction substantially similar
to &#xA7; 18.2-266 or subsection A of &#xA7; 46.2-341.24 and (ii) is convicted
thereof, such conviction shall of itself operate to deprive the person so
convicted of the privilege to drive or operate any motor vehicle, engine or
train in the Commonwealth for a period of three years from the date of the
judgment of conviction and such person shall have his license revoked as
provided in subsection A of &#xA7; 46.2-391. The court trying such case shall
order the surrender of the person&#8217;s driver&#8217;s license, to be disposed
of in accordance with &#xA7; 46.2-398, and shall notify such person that his
license has been revoked for a period of three years and that the penalty for
violating that revocation is as set out in &#xA7; 46.2-391. This suspension
period shall be in addition to the suspension period provided under &#xA7;
46.2-391.2. Any period of license suspension or revocation imposed pursuant to
this section, in any case, shall run consecutively with any period of suspension
for failure to permit a blood or breath sample to be taken as required by
&#xA7;&#xA7; 18.2-268.1 through 18.2-268.12 or &#xA7;&#xA7; 46.2-341.26:1
through 46.2-341.26:11 or any period of suspension for a previous violation of
&#xA7; 18.2-266, 18.2-266.1, or 46.2-341.24.

C. If a person (i) is tried on a process alleging (a) a felony conviction of
&#xA7; 18.2-266 or (b) a third or subsequent offense of violating &#xA7;
18.2-266 or subsection A of &#xA7; 46.2-341.24, or any substantially similar
local ordinance, or law of any other jurisdiction, within 10 years of two other
offenses for which the person was convicted, or found not innocent in the case
of a juvenile, under &#xA7; 18.2-266 or subsection A of &#xA7; 46.2-341.24 or
any valid local ordinance or any law of any other jurisdiction substantially
similar to &#xA7; 18.2-266 or subsection A of &#xA7; 46.2-341.24 and (ii) is
convicted thereof, such conviction shall of itself operate to deprive the person
so convicted of the privilege to drive or operate any motor vehicle, engine or
train in the Commonwealth and such person shall not be eligible for
participation in a program pursuant to &#xA7; 18.2-271.1 and shall, upon such
conviction, have his license revoked as provided in subsection B of &#xA7;
46.2-391. The court trying such case shall order the surrender of the
person&#8217;s driver&#8217;s license, to be disposed of in accordance with
&#xA7; 46.2-398, and shall notify such person that his license has been revoked
indefinitely and that the penalty for violating that revocation is as set out in
&#xA7; 46.2-391.

D. Notwithstanding any other provision of this section, the period of license
revocation or suspension shall not begin to expire until the person convicted
has surrendered his license to the court or to the Department of Motor Vehicles.

E. The provisions of this section shall not apply to, and shall have no effect
upon, any disqualification from operating a commercial motor vehicle imposed
under the provisions of the Commercial Driver&#8217;s License Act (&#xA7;
46.2-341.1 et seq.).

HISTORY: Code 1950, § 18.1-59; 1960, c. 358; 1962, c. 625; 1964, c. 240; 1972,
c. 757; 1975, cc. 14, 15; 1982, c. 301; 1983, c. 504; 1984, cc. 623, 673; 1989,
c. 705; 1990, c. 949; 1992, cc. 722, 830, 891; 1994, cc. 359, 363; 2000, cc.
956, 982; 2001, c. 739; 2002, c. 873; 2010, c. 521; 2013, cc. 415, 655.