                                 CODE OF VIRGINIA

ADMINISTRATIVE SUSPENSION OF LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE (§
46.2-391.2)

A. If a breath test is taken pursuant to &#xA7; 18.2-268.2 or any similar
ordinance or &#xA7; 46.2-341.26:2 and (i) the results show a blood alcohol
content of 0.08 percent or more by weight by volume or 0.08 grams or more per
210 liters of breath, or (ii) the results, for persons under 21 years of age,
show a blood alcohol concentration of 0.02 percent or more by weight by volume
or 0.02 grams or more per 210 liters of breath or (iii) the person refuses to
submit to the breath or blood test in violation of &#xA7; 18.2-268.3 or any
similar ordinance or &#xA7; 46.2-341.26:3, and upon issuance of a petition or
summons, or upon issuance of a warrant by the magistrate, for a violation of
&#xA7; 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance, or &#xA7;
46.2-341.24 or upon the issuance of a warrant or summons by the magistrate or by
the arresting officer at a medical facility for a violation of &#xA7;
18.2-268.3, or any similar ordinance, or &#xA7; 46.2-341.26:3, the
person&#8217;s license shall be suspended immediately or in the case of (a) an
unlicensed person, (b) a person whose license is otherwise suspended or revoked,
or (c) a person whose driver&#8217;s license is from a jurisdiction other than
the Commonwealth, such person&#8217;s privilege to operate a motor vehicle in
the Commonwealth shall be suspended immediately. The period of suspension of the
person&#8217;s license or privilege to drive shall be seven days, unless the
petition, summons or warrant issued charges the person with a second or
subsequent offense. If the person is charged with a second offense the
suspension shall be for 60 days. If not already expired, the period of
suspension shall expire on the day and time of trial of the offense charged on
the petition, summons or warrant, except that it shall not so expire during the
first seven days of the suspension. If the person is charged with a third or
subsequent offense, the suspension shall be until the day and time of trial of
the offense charged on the petition, summons or warrant.
			A law-enforcement officer, acting on behalf of the Commonwealth, shall serve
a notice of suspension personally on the arrested person. When notice is served,
the arresting officer shall promptly take possession of any driver&#8217;s
license held by the person and issued by the Commonwealth and shall promptly
deliver it to the magistrate. Any driver&#8217;s license taken into possession
under this section shall be forwarded promptly by the magistrate to the clerk of
the general district court or, as appropriate, the court with jurisdiction over
juveniles of the jurisdiction in which the arrest was made together with any
petition, summons or warrant, the results of the breath test, if any, and the
report required by subsection B. A copy of the notice of suspension shall be
forwarded forthwith to both (1) the general district court or, as appropriate,
the court with jurisdiction over juveniles of the jurisdiction in which the
arrest was made and (2) the Commissioner. Transmission of this information may
be made by electronic means.
			The clerk shall promptly return the suspended license to the person at the
expiration of the suspension. Whenever a suspended license is to be returned
under this section or &#xA7; 46.2-391.4, the person may elect to have the
license returned in person at the clerk&#8217;s office or by mail to the address
on the person&#8217;s license or to such other address as he may request.

B. Promptly after arrest and service of the notice of suspension, the arresting
officer shall forward to the magistrate a sworn report of the arrest that shall
include (i) information which adequately identifies the person arrested and (ii)
a statement setting forth the arresting officer&#8217;s grounds for belief that
the person violated &#xA7; 18.2-51.4, 18.2-266, or 18.2-266.1, or a similar
ordinance, or &#xA7; 46.2-341.24 or refused to submit to a breath or blood test
in violation of &#xA7; 18.2-268.3 or a similar ordinance or &#xA7;
46.2-341.26:3. The report required by this subsection shall be submitted on
forms supplied by the Supreme Court.

C. Any person whose license or privilege to operate a motor vehicle has been
suspended under subsection A may, during the period of the suspension, request
the general district court or, as appropriate, the court with jurisdiction over
juveniles of the jurisdiction in which the arrest was made to review that
suspension. The court shall review the suspension 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 officer did not have probable cause for the arrest, that the
magistrate did not have probable cause to issue the warrant, or that there was
not probable cause for issuance of the petition, the court shall rescind the
suspension, or that portion of it that exceeds seven days if there was not
probable cause to charge a second offense or 60 days if there was not probable
cause to charge a third or subsequent offense, and the clerk of the court shall
forthwith, or at the expiration of the reduced suspension time, (i) return the
suspended license, if any, to the person unless the license has been otherwise
suspended or revoked, (ii) deliver to the person a notice that the suspension
under &#xA7; 46.2-391.2 has been rescinded or reduced, and (iii) forward to the
Commissioner a copy of the notice that the suspension under &#xA7; 46.2-391.2
has been rescinded or reduced. Otherwise, the court shall affirm the suspension.
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
suspension or to any other potential party as to any proceedings, civil or
criminal, and shall not be evidence in any proceedings, civil or criminal.

D. If a person whose license or privilege to operate a motor vehicle is
suspended under subsection A is convicted under &#xA7; 18.2-36.1, 18.2-51.4,
18.2-266, or 18.2-266.1 or subdivision A 1 or B 1 of &#xA7; 18.2-268.3, or any
similar ordinance, or &#xA7; 46.2-341.24 during the suspension imposed by
subsection A, and if the court decides to issue the person a restricted permit
under subsection E of &#xA7; 18.2-271.1 or subsection E of &#xA7; 18.2-268.3,
such restricted permit shall not be issued to the person before the expiration
of the first seven days of the suspension imposed under subsection A.

HISTORY: 1994, cc. 359, 363; 1996, cc. 865, 1007; 1997, c. 691; 2001, c. 779;
2003, c. 605; 2004, cc. 937, 960; 2005, cc. 757, 840; 2014, c. 707; 2017, c.
623; 2020, c. 341.