                                 CODE OF VIRGINIA

DRIVING AFTER FORFEITURE OF LICENSE (§ 18.2-272)

A. Any person who drives or operates any motor vehicle  on any highway, as
defined in &#xA7; 46.2-100, in the Commonwealth, or any engine or train in the
Commonwealth, during the time for which he was deprived of the right to do so
(i) upon conviction of a violation of &#xA7; 18.2-268.3 or 46.2-341.26:3 or of
an offense set forth in subsection E of &#xA7; 18.2-270, (ii) by &#xA7; 18.2-271
or 46.2-391.2, (iii) after his license has been revoked pursuant to &#xA7;
46.2-389 or 46.2-391, or (iv) in violation of the terms of a restricted license
issued pursuant to subsection E of &#xA7; 18.2-271.1, subsection C of &#xA7;
18.2-270.1, or subsection E of &#xA7; 18.2-270.1, as it shall become effective
on July 1, 2021, is guilty of a Class 1 misdemeanor except as otherwise provided
in &#xA7; 46.2-391, and is subject to administrative revocation of his
driver&#8217;s license pursuant to &#xA7;&#xA7; 46.2-389 and 46.2-391. Any
person convicted of three violations of this section committed within a 10-year
period is guilty of a Class 6 felony.
			Nothing in this section or &#xA7; 18.2-266, 18.2-270, or 18.2-271 shall be
construed as conflicting with or repealing any ordinance or resolution of any
county, city, or town that restricts still further the right of such persons to
drive or operate any such vehicle or conveyance.

B. Regardless of compliance with any other restrictions on his privilege to
drive or operate a motor vehicle, it shall be a violation of this section for
any person whose privilege to drive or operate a motor vehicle has been
restricted, suspended or revoked because of a violation of &#xA7; 18.2-36.1,
18.2-51.4, 18.2-266, 18.2-268.3, 46.2-341.24, or 46.2-341.26:3 or a similar
ordinance or law of another state or the United States to drive or operate a
motor vehicle  on any highway, as defined in &#xA7; 46.2-100, in the
Commonwealth while he has a blood alcohol content of 0.02 percent or more.
			Any person suspected of a violation of this subsection shall be entitled to a
preliminary breath test in accordance with the provisions of &#xA7; 18.2-267,
shall be deemed to have given his implied consent to have samples of his blood,
breath or both taken for analysis pursuant to the provisions of &#xA7;
18.2-268.2, and, when charged with a violation of this subsection, shall be
subject to the provisions of &#xA7;&#xA7; 18.2-268.1 through 18.2-268.12.

C. Any person who drives or operates a motor vehicle on any highway, as defined
in &#xA7; 46.2-100, in the Commonwealth without a certified ignition interlock
system as required by &#xA7; 46.2-391.01 is guilty of a Class 1 misdemeanor and
is subject to administrative revocation of his driver&#8217;s license pursuant
to &#xA7;&#xA7; 46.2-389 and 46.2-391.

D. Any person who drives or operates a motor vehicle who has tampered with, or
in any way attempted to circumvent the operation of, a remote alcohol monitoring
device that an offender is ordered to use under &#xA7; 18.2-270.1 is not guilty
of a violation of this section but is guilty of a violation of subsection H of
&#xA7; 18.2-270.1.

HISTORY: Code 1950, § 18.1-60; 1960, c. 358; 1975, cc. 14, 15; 1988, c. 859;
1991, c. 64; 2004, cc. 948, 1013; 2005, cc. 757, 840; 2006, c. 390; 2007, c.
258; 2009, cc. 71, 255; 2017, c. 623; 2020, cc. 1007, 1019.