                                 CODE OF VIRGINIA

EXAMINATION OF LICENSEE BELIEVED UNABLE TO DRIVE SAFELY; SUSPENSION OR
RESTRICTION OF LICENSE; LICENSE APPLICATION TO INCLUDE QUESTIONS AS TO ABILITIES
OF APPLICANT; FALSE ANSWERS; EXAMINATION OF APPLICANT; PHYSICIAN&#8217;S,
ADVANCED PRACTICE REGISTERED NURSE&#8217;S, OR PHYSICIAN ASSISTANT&#8217;S
STATEMENT (§ 46.2-322)

A. If the Department has good cause to believe that a driver is impaired and
therefore unable to drive a motor vehicle safely, after written notice of at
least 15 days to the person, it may require him to submit to an examination to
determine his fitness to drive a motor vehicle. If the driver so requests in
writing, the Department shall give the Department&#8217;s reasons for the
examination, including the identity of all persons who have supplied information
to the Department regarding the driver&#8217;s fitness to drive a motor vehicle.
However, the Department shall not supply the reasons or information if its
source is a relative of the driver or a physician, a physician assistant, an
advanced practice registered nurse, a pharmacist, or other licensed medical
professional as defined in &#xA7; 38.2-602 treating, or prescribing medications
for, the driver.

B. As a part of its examination, the Department may require a physical
examination by a licensed physician, licensed advanced practice registered
nurse, or licensed physician assistant and a report on the results thereof. When
it has completed its examination, the Department shall take whatever action may
be appropriate and may suspend the license or privilege to drive a motor vehicle
in the Commonwealth of the person or permit him to retain his license or
privilege to drive a motor vehicle in the Commonwealth, or may issue a license
subject to the restrictions authorized by &#xA7; 46.2-329. Refusal or neglect of
the person to submit to the examination or comply with restrictions imposed by
the Department shall be grounds for suspension of his license or privilege to
drive a motor vehicle in the Commonwealth.

C. The Commissioner shall include, as a part of the application for an original
driver&#8217;s license, or renewal thereof, questions as to the existence of
impairments that affect the ability of the applicant to drive a motor vehicle
safely. Any person knowingly giving a false answer to any such question is
guilty of a Class 2 misdemeanor. If the answer to any such question indicates
the existence of such condition, the Commissioner shall require an examination
of the applicant by a licensed physician, licensed physician assistant, or
licensed advanced practice registered nurse as a prerequisite to the issuance of
the driver&#8217;s license. The report of the examination shall contain a
statement that, in the opinion of the physician, physician assistant, or
advanced practice registered nurse, the applicant&#8217;s physical or mental
condition at the time of the examination does or does not preclude his safe
driving of motor vehicles.

HISTORY: Code 1950, § 46-378; 1952, c. 666; 1958, c. 541, § 46.1-383; 1960, c.
201; 1966, c. 631; 1968, c. 167; 1972, c. 419; 1974, c. 453; 1978, c. 353; 1984,
c. 780; 1988, c. 798; 1989, c. 727; 1997, c. 801; 2004, cc. 351, 855; 2006, c.
396; 2011, c. 441; 2023, c. 183; 2024, c. 414.