                                 CODE OF VIRGINIA

DRIVING WHILE LICENSE, PERMIT, OR PRIVILEGE TO DRIVE SUSPENDED OR REVOKED (§
46.2-301)

A. In addition to any other penalty provided by this section, any motor vehicle
administratively impounded or immobilized under the provisions of &#xA7;
46.2-301.1 may, in the discretion of the court, be impounded or immobilized for
an additional period of up to 90 days upon conviction of an offender for driving
while his driver&#8217;s license, learner&#8217;s permit, or privilege to drive
a motor vehicle has been (i) suspended or revoked for a violation of &#xA7;
18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantially
similar ordinance or law in any other jurisdiction or (ii) administratively
suspended under the provisions of &#xA7; 46.2-391.2. However, if, at the time of
the violation, the offender was driving a motor vehicle owned by another person,
the court shall have no jurisdiction over such motor vehicle but may order the
impoundment or immobilization of a motor vehicle owned solely by the offender at
the time of arrest. All costs of impoundment or immobilization, including
removal or storage expenses, shall be paid by the offender prior to the release
of his motor vehicle.

B. Except as provided in &#xA7; 46.2-304, no resident or nonresident (i) whose
driver&#8217;s license, learner&#8217;s permit, or privilege to drive a motor
vehicle has been suspended or revoked or (ii) who has been directed not to drive
by any court or by the Commissioner, or (iii) who has been forbidden, as
prescribed by operation of any statute of the Commonwealth or a substantially
similar ordinance of any county, city or town, to operate a motor vehicle in the
Commonwealth shall thereafter drive any motor vehicle or any self-propelled
machinery or equipment on any highway in the Commonwealth until the period of
such suspension or revocation has terminated or the privilege has been
reinstated or a restricted license is issued pursuant to subsection E. For the
purposes of this section, the phrase &#8220;motor vehicle or any self-propelled
machinery or equipment&#8221; shall not include mopeds.

C. A violation of subsection B is a Class 1 misdemeanor.

D. Upon a violation of subsection B, the court shall suspend the person&#8217;s
license or privilege to drive a motor vehicle for the same period for which it
had been previously suspended or revoked. In the event the person violated
subsection B by driving during a period of suspension or revocation which was
not for a definite period of time, the court shall suspend the person&#8217;s
license, permit or privilege to drive for an additional period not to exceed 90
days, to commence upon the expiration of the previous suspension or revocation
or to commence immediately if the previous suspension or revocation has expired.
However, no such suspension shall extend beyond 10 years from the conviction
date for such violation of subsection B, unless required by Article 6.1 (&#xA7;
46.2-341.1 et seq.).

E. Any person who is otherwise eligible for a restricted license may petition
each court that suspended his license pursuant to subsection D for authorization
for a restricted license, provided that the period of time for which the license
was suspended by the court pursuant to subsection D, if measured from the date
of conviction, has expired, even though the suspension itself has not expired. A
court may, for good cause shown, authorize the Department of Motor Vehicles to
issue a restricted license for any of the purposes set forth in subsection E of
&#xA7; 18.2-271.1. No restricted license shall be issued unless each court that
issued a suspension of the person&#8217;s license pursuant to subsection D
authorizes the Department to issue a restricted license. Any restricted license
issued pursuant to this subsection shall be in effect until the expiration of
any and all suspensions issued pursuant to subsection D, except that it shall
automatically terminate upon the expiration, cancellation, suspension, or
revocation of the person&#8217;s license or privilege to drive for any other
cause. No restricted license issued pursuant to this subsection shall permit a
person to operate a commercial motor vehicle as defined in the Commercial
Driver&#8217;s License Act (&#xA7; 46.2-341.1 et seq.). The court shall forward
to the Commissioner a copy of its authorization entered pursuant to this
subsection, which shall specifically enumerate the restrictions imposed and
contain such information regarding the person to whom such a license is issued
as is reasonably necessary to identify the person. The court shall also provide
a copy of its authorization to the person, who may not operate a motor vehicle
until receipt from the Commissioner of a restricted license. A copy of the
restricted license issued by the Commissioner shall be carried at all times
while operating a motor vehicle.

F. Any person who operates a motor vehicle or any self-propelled machinery or
equipment in violation of the terms of a restricted license issued pursuant to
subsection E of &#xA7; 18.2-271.1 is not guilty of a violation of this section
but is guilty of a violation of &#xA7; 18.2-272.

G. The court may, in its discretion and where there have been no prior
violations or convictions of this section within the past 10 years, dismiss the
summons or warrant, where proof of compliance with this section is provided to
the court on or before the court date, unless such person (i) possesses a
commercial driver&#8217;s license or commercial learner&#8217;s permit, as those
terms are defined in &#xA7; 46.2-341.4, or (ii) was operating a commercial motor
vehicle as defined in &#xA7; 46.2-341.4. Where there has been a prior violation
or violations, the court, in its discretion, may dismiss or amend the summons or
warrant, where proof of substantial compliance has been provided to the court.

HISTORY: Code 1950, § 46-347.1; 1952, c. 666; 1958, c. 541, § 46.1-350; 1960,
c. 364; 1962, c. 302; 1964, c. 239; 1966, cc. 546, 589; 1968, c. 494; 1970, c.
507; 1984, c. 780; 1985, c. 232; 1988, c. 859; 1989, c. 727; 1991, c. 64; 1992,
c. 273; 1993, c. 24; 1994, cc. 359, 363; 1997, c. 691; 2000, cc. 956, 982; 2004,
cc. 461, 801, 948; 2009, cc. 390, 764; 2010, c. 519; 2017, c. 700; 2020, cc.
964, 965, 1018; 2021, Sp. Sess. I, c. 463; 2024, c. 543; 2025, c. 121.