                                 CODE OF VIRGINIA

ADMINISTRATIVE IMPOUNDMENT OF MOTOR VEHICLE FOR CERTAIN DRIVING WHILE LICENSE
SUSPENDED OR REVOKED OFFENSES; JUDICIAL IMPOUNDMENT UPON CONVICTION; PENALTY FOR
PERMITTING VIOLATION WITH ONE&#8217;S VEHICLE (§ 46.2-301.1)

A. The motor vehicle being driven by any person (i) whose driver&#8217;s
license, learner&#8217;s permit or privilege to drive a motor vehicle has been
suspended or revoked for a violation of &#xA7; 18.2-51.4 or 18.2-272 or driving
while under the influence in violation of &#xA7; 18.2-266, 46.2-341.24 or a
substantially similar ordinance or law in any other jurisdiction; (ii) where
such person&#8217;s license has been administratively suspended under the
provisions of &#xA7; 46.2-391.2; (iii) driving after such person&#8217;s
driver&#8217;s license, learner&#8217;s permit or privilege to drive a motor
vehicle has been suspended or revoked for unreasonable refusal of tests in
violation of &#xA7; 18.2-268.3, 46.2-341.26:3 or a substantially similar
ordinance or law in any other jurisdiction; or (iv) driving without an
operator&#8217;s license in violation of &#xA7; 46.2-300 having been previously
convicted of such offense or a substantially similar ordinance of any county,
city, or town or law in any other jurisdiction shall be impounded or immobilized
by the arresting law-enforcement officer at the time the person is arrested for
driving after his driver&#8217;s license, learner&#8217;s permit or privilege to
drive has been so revoked or suspended or for driving without an
operator&#8217;s license in violation of &#xA7; 46.2-300 having been previously
convicted of such offense or a substantially similar ordinance of any county,
city, or town or law in any other jurisdiction. The impoundment or
immobilization for a violation of clause (i), (ii), or (iii) shall be for a
period of 30 days. The period of impoundment or immobilization for a violation
of clause (iv) shall be until the offender obtains a valid operator&#8217;s
license pursuant to &#xA7; 46.2-300 or three days, whichever is less. In the
event that the offender obtains a valid operator&#8217;s license at any time
during the three-day impoundment period and presents such license to the court,
the court shall authorize the release of the vehicle upon payment of all
reasonable costs of impoundment or immobilization to the person holding the
vehicle.
			The provisions of this section as to the offense described in clause (iv)
shall not apply to a person who drives a motor vehicle with no operator&#8217;s
license (a) whose license has been expired for less than one year prior to the
offense or (b) who is under 18 years of age at the time of the offense. The
arresting officer, acting on behalf of the Commonwealth, shall serve notice of
the impoundment upon the arrested person. The notice shall include information
on the person&#8217;s right to petition for review of the impoundment pursuant
to subsection B. A copy of the notice of impoundment shall be delivered to the
magistrate and thereafter promptly forwarded to the clerk of the general
district court of the jurisdiction where the arrest was made. Transmission of
the notice may be by electronic means.
			At least five days prior to the expiration of the period of impoundment
imposed pursuant to this section or &#xA7; 46.2-301, the clerk shall provide the
offender with information on the location of the motor vehicle and how and when
the vehicle will be released; however, for a violation of clause (iv), such
information shall be provided at the time of arrest.
			All reasonable costs of impoundment or immobilization, including removal and
storage expenses, shall be paid by the offender prior to the release of his
motor vehicle. Notwithstanding the above, where the arresting law-enforcement
officer discovers that the vehicle was being rented or leased from a vehicle
renting or leasing company, the officer shall not impound the vehicle or
continue the impoundment but shall notify the rental or leasing company that the
vehicle is available for pickup and shall notify the clerk if the clerk has
previously been notified of the impoundment.

B. Any driver who is the owner of the motor vehicle that is impounded or
immobilized under subsection A may, during the period of the impoundment,
petition the general district court of the jurisdiction in which the arrest was
made to review that impoundment. The court shall review the impoundment within
the same time period as the court hears an appeal from an order denying bail or
fixing terms of bail or terms of recognizance, giving this matter precedence
over all other matters on its docket. If the person proves to the court by a
preponderance of the evidence that the arresting law-enforcement officer did not
have probable cause for the arrest, or that the magistrate did not have probable
cause to issue the warrant, the court shall rescind the impoundment. Upon
rescission, the motor vehicle shall be released and the Commonwealth shall pay
or reimburse the person for all reasonable costs of impoundment or
immobilization, including removal or storage costs paid or incurred by him.
Otherwise, the court shall affirm the impoundment. If the person requesting the
review fails to appear without just cause, his right to review shall be waived.
			The court&#8217;s findings are without prejudice to the person contesting the
impoundment or to any other potential party as to any proceedings, civil or
criminal, and shall not be evidence in any proceedings, civil or criminal.

C. The owner or co-owner of any motor vehicle impounded or immobilized under
subsection A who was not the driver at the time of the violation may petition
the general district court in the jurisdiction where the violation occurred for
the release of his motor vehicle. The motor vehicle shall be released if the
owner or co-owner proves by a preponderance of the evidence that he (i) did not
know that the offender&#8217;s driver&#8217;s license was suspended or revoked
when he authorized the offender to drive such motor vehicle; (ii) did not know
that the offender had no operator&#8217;s license and that the operator had been
previously convicted of driving a motor vehicle without an operator&#8217;s
license in violation of &#xA7; 46.2-300 or a substantially similar ordinance of
any county, city, or town or law in any other jurisdiction when he authorized
the offender to drive such motor vehicle; or (iii) did not consent to the
operation of the motor vehicle by the offender. If the owner proves by a
preponderance of the evidence that his immediate family has only one motor
vehicle and will suffer a substantial hardship if that motor vehicle is
impounded or immobilized for the period of impoundment that otherwise would be
imposed pursuant to this section, the court, in its discretion, may release the
vehicle after some period of less than such impoundment period.

D. Notwithstanding any provision of this section, a subsequent dismissal or
acquittal of the charge of driving without an operator&#8217;s license or of
driving on a suspended or revoked license shall result in an immediate
rescission of the impoundment or immobilization provided in subsection A. Upon
rescission, the motor vehicle shall be released and the Commonwealth shall pay
or reimburse the person for all reasonable costs of impoundment or
immobilization, including removal or storage costs, incurred or paid by him.

E. Any person who knowingly authorizes the operation of a motor vehicle by (i) a
person he knows has had his driver&#8217;s license, learner&#8217;s permit, or
privilege to drive a motor vehicle suspended or revoked for any of the reasons
set forth in subsection A or (ii) a person who he knows has no operator&#8217;s
license and who he knows has been previously convicted of driving a motor
vehicle without an operator&#8217;s license in violation of &#xA7; 46.2-300 or a
substantially similar ordinance of any county, city, or town or law in any other
jurisdiction shall be guilty of a Class 1 misdemeanor. Any person who knowingly
authorizes the operation of a motor vehicle by a (a) any person who he knows has
no legal right to do so or (b) minor who he knows has no operator&#8217;s
license or learner&#8217;s permit or who has a learner&#8217;s permit but who he
knows will operate such motor vehicle in violation of any provision of &#xA7;
46.2-335 is guilty of Class 1 misdemeanor if such violation results in a motor
vehicle accident that causes injury or death to any person, provided that such
violation does not otherwise constitute a felony.

F. Notwithstanding the provisions of this section or &#xA7; 46.2-301, nothing in
this section shall impede or infringe upon a valid lienholder&#8217;s rights to
cure a default under an existing security agreement. Furthermore, such
lienholder shall not be liable for any cost of impoundment or immobilization,
including removal or storage expenses which may accrue pursuant to the
provisions of this section or &#xA7; 46.2-301. In the event a lienholder
repossesses or removes a vehicle from storage pursuant to an existing security
agreement, the Commonwealth shall pay all reasonable costs of impoundment or
immobilization, including removal and storage expenses, to any person or entity
providing such services to the Commonwealth, except to the extent such costs or
expenses have already been paid by the offender to such person or entity. Such
payment shall be made within seven calendar days after a request is made by such
person or entity to the Commonwealth for payment. Nothing herein, however, shall
relieve the offender from liability to the Commonwealth for reimbursement or
payment of all such reasonable costs and expenses.

HISTORY: 1994, cc. 359, 363; 1994, 1st Sp. Sess., c. 10; 1995, cc. 426, 435;
1997, cc. 378, 478, 691; 2005, c. 312; 2010, cc. 519, 829; 2021, Sp. Sess. I, c.
463; 2025, cc. 366, 431.