                                 CODE OF VIRGINIA

REVOCATION OF LICENSE FOR MULTIPLE CONVICTIONS OF DRIVING WHILE INTOXICATED;
EXCEPTION; PETITION FOR RESTORATION OF PRIVILEGE (§ 46.2-391)

A. The Commissioner shall forthwith revoke and not thereafter reissue for three
years the driver&#8217;s license of any person on receiving a record of the
conviction of any person who (i) is adjudged to be a second offender in
violation of the provisions of subsection A of &#xA7; 46.2-341.24 (driving a
commercial motor vehicle under the influence of drugs or intoxicants), or &#xA7;
18.2-266 (driving under the influence of drugs or intoxicants), if the
subsequent violation occurred within 10 years of the prior violation, or (ii) is
convicted of any two or more offenses of &#xA7; 18.2-272 (driving while the
driver&#8217;s license has been forfeited for a conviction under &#xA7;
18.2-266) if the second or subsequent violation occurred within 10 years of the
prior offense. However, if the Commissioner has received a copy of a court order
authorizing issuance of a restricted license as provided in subsection E of
&#xA7; 18.2-271.1, he shall proceed as provided in the order of the court. For
the purposes of this subsection, an offense in violation of a valid local
ordinance, or law of any other jurisdiction, which ordinance or law is
substantially similar to any provision of Virginia law herein shall be
considered an offense in violation of such provision of Virginia law.
Additionally, in no event shall the Commissioner reinstate the driver&#8217;s
license of any person convicted of a violation of &#xA7; 18.2-266, or of a
substantially similar valid local ordinance or law of another jurisdiction,
until receipt of notification that such person has successfully completed an
alcohol safety action program if such person was required by court order to do
so unless the requirement for completion of the program has been waived by the
court for good cause shown. A conviction includes a finding of not innocent in
the case of a juvenile.

B. The Commissioner shall forthwith revoke and not thereafter reissue the
driver&#8217;s license of any person after receiving a record of the conviction
of any person (i) convicted of a violation of &#xA7; 18.2-36.1 or 18.2-51.4 or a
felony violation of &#xA7; 18.2-266 or (ii) convicted of three offenses arising
out of separate incidents or occurrences within a period of 10 years in
violation of the provisions of subsection A of &#xA7; 46.2-341.24, &#xA7; 
18.2-266, or a substantially similar ordinance or law of any other jurisdiction,
or any combination of three such offenses. A conviction includes a finding of
not innocent in the case of a juvenile.

C. Any person who has had his driver&#8217;s license revoked in accordance with
subsection B may petition the circuit court of his residence, or, if a
nonresident of Virginia, any circuit court:

   1. For restoration of his privilege to drive a motor vehicle in the
   Commonwealth after the expiration of five years from the date of his last
   conviction. On such petition, and for good cause shown, the court may, in its
   discretion, restore to the person the privilege to drive a motor vehicle in
   the Commonwealth on condition that such person install an ignition interlock
   system in accordance with &#xA7; 18.2-270.1 on all motor vehicles, as defined
   in &#xA7; 46.2-100, owned by or registered to him, in whole or in part, for a
   period of at least six months, and upon whatever other conditions the court
   may prescribe, subject to the provisions of law relating to issuance of
   driver&#8217;s licenses, if the court is satisfied from the evidence presented
   that (i) at the time of his previous convictions, the petitioner was addicted
   to or psychologically dependent on the use of alcohol or other drugs; (ii) at
   the time of the hearing on the petition, he is no longer addicted to or
   psychologically dependent on the use of alcohol or other drugs; and (iii) the
   defendant does not constitute a threat to the safety and welfare of himself or
   others with regard to the driving of a motor vehicle. However, prior to acting
   on the petition, the court shall order that an evaluation of the person, to
   include an assessment of his degree of alcohol abuse and the appropriate
   treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action
   Program and recommendations therefrom be submitted to the court, and the court
   shall give the recommendations such weight as the court deems appropriate. The
   court may, in lieu of restoring the person&#8217;s privilege to drive,
   authorize the issuance of a restricted license for a period not to exceed five
   years in accordance with the provisions of &#xA7; 18.2-270.1 and subsection E
   of &#xA7; 18.2-271.1. The court shall notify the Virginia Alcohol Safety
   Action Program that during the term of the restricted license it shall monitor
   the person&#8217;s compliance with the terms of the restrictions imposed by
   the court. Any violation of the restrictions shall be reported to the court,
   and the court may then modify the restrictions or revoke the license.

   2. For a restricted license to authorize such person to drive a motor vehicle
   in the Commonwealth in the course of his employment and to drive a motor
   vehicle to and from his home to the place of his employment after the
   expiration of three years from the date of his last conviction unless such
   person&#8217;s last conviction resulted from a final order being entered by a
   court after the successful completion of a Veterans Treatment Court Program,
   behavioral health docket, or other specialty docket established pursuant to
   &#xA7; 18.2-254.2 or 18.2-254.3 or Rule 1:25 of the Rules of Supreme Court of
   Virginia. If such person&#8217;s last conviction resulted from a final order
   being entered by a court after the successful completion of a Veterans
   Treatment Court Program, behavioral health docket, or other specialty docket
   established pursuant to &#xA7; 18.2-254.2 or 18.2-254.3 or Rule 1:25 of the
   Rules of Supreme Court of Virginia, such person may file a petition for a
   restricted license to be issued in accordance with the provisions of this
   subdivision without having to wait for the expiration of three years from the
   date of his last conviction, regardless of the date of such conviction. The
   court may order that a restricted license for such purposes be issued in
   accordance with the procedures of subsection E of &#xA7; 18.2-271.1 if the
   court is satisfied from the evidence presented that (i) at the time of the
   previous convictions, the petitioner was addicted to or psychologically
   dependent on the use of alcohol or other drugs; (ii) at the time of the
   hearing on the petition, he is no longer addicted to or psychologically
   dependent on the use of alcohol or such other drugs; and (iii) the defendant
   does not constitute a threat to the safety and welfare of himself and others
   with regard to the driving of a motor vehicle. The court shall prohibit the
   person to whom a restricted license is issued from operating a motor vehicle
   that is not equipped with a functioning, certified ignition interlock system
   during all or any part of the term for which the restricted license is issued,
   in accordance with the provisions set forth in &#xA7; 18.2-270.1. However,
   prior to acting on the petition, the court shall order that an evaluation of
   the person, to include an assessment of his degree of alcohol abuse and the
   appropriate treatment therefor, if any, be conducted by a Virginia Alcohol
   Safety Action Program and recommendations therefrom be submitted to the court,
   and the court shall give the recommendations such weight as the court deems
   appropriate. The Virginia Alcohol Safety Action Program shall during the term
   of the restricted license monitor the person&#8217;s compliance with the terms
   of the restrictions imposed by the court. Any violation of the restrictions
   shall be reported to the court, and the court may then modify the restrictions
   or revoke the license.
   				The ignition interlock system installation requirement under subdivisions
   1 and 2 need only be satisfied once as to any single revocation under
   subsection B for any person seeking restoration under subdivision 1 following
   the granting of a restricted license under subdivision 1 or 2.

D. Any person convicted of driving a motor vehicle or any self-propelled
machinery or equipment (i) while his license is revoked pursuant to subsection A
or B or (ii) in violation of the terms of a restricted license issued pursuant
to subsection C shall, provided such revocation was based on at least one
conviction for an offense committed after July 1, 1999, be punished as follows:

   1. If such driving does not of itself endanger the life, limb, or property of
   another, such person is guilty of a Class 1 misdemeanor punishable by a
   mandatory minimum term of confinement in jail of 10 days except in cases
   wherein such operation is necessitated in situations of apparent extreme
   emergency that require such operation to save life or limb, the sentence, or
   any part thereof, may be suspended.

   2. a. If such driving (i) of itself endangers the life, limb, or property of
   another or (ii) takes place while such person is in violation of &#xA7; 
   18.2-36.1, 18.2-51.4, or 18.2-266, subsection A of &#xA7; 46.2-341.24, or a
   substantially similar law or ordinance of another jurisdiction, irrespective
   of whether the driving of itself endangers the life, limb, or property of
   another and the person has been previously convicted of a violation of &#xA7; 
   18.2-36.1, 18.2-51.4, or 18.2-266, subsection A of &#xA7; 46.2-341.24, or a
   substantially similar local ordinance, or law of another jurisdiction, such
   person is guilty of a felony punishable by confinement in a state correctional
   facility for not less than one year nor more than five years, one year of
   which shall be a mandatory minimum term of confinement or, in the discretion
   of the jury or the court trying the case without a jury, by mandatory minimum
   confinement in jail for a period of 12 months and no portion of such sentence
   shall be suspended or run concurrently with any other sentence.
   				b. However, in cases wherein such operation is necessitated in situations
   of apparent extreme emergency that require such operation to save life or
   limb, the sentence, or any part thereof, may be suspended.

   3. If any such offense of driving is a second or subsequent violation, such
   person shall be punished as provided in subdivision 2, irrespective of whether
   the offense, of itself, endangers the life, limb, or property of another.

E. Notwithstanding the provisions of subdivisions D 2 and 3, following
conviction and prior to imposition of sentence with the consent of the
defendant, the court may order the defendant to be evaluated for and to
participate in the community corrections alternative program pursuant to &#xA7;
19.2-316.4.

F. Any period of driver&#8217;s license revocation imposed pursuant to this
section shall not begin to expire until the person convicted has surrendered his
license to the court or to the Department of Motor Vehicles.

G. Nothing in this section shall prohibit a person from operating any farm
tractor on the highways when it is necessary to move the tractor from one tract
of land used for agricultural purposes to another such tract of land when the
distance between the tracts is no more than five miles.

H. Any person who operates a motor vehicle or any self-propelled machinery or
equipment (i) while his license is revoked pursuant to subsection A or B or (ii)
in violation of the terms of a restricted license issued pursuant to subsection
C, where the provisions of subsection D do not apply, is guilty of a violation
of &#xA7; 18.2-272.

HISTORY: Code 1950, § 46-417; 1958, c. 541, § 46.1-421; 1960, c. 364; 1964, c.
194; 1968, c. 561; 1976, cc. 359, 612, 691; 1983, c. 504; 1984, cc. 658, 673,
780; 1987, c. 409; 1989, cc. 705, 727; 1990, c. 949; 1994, c. 573; 1995, c. 486;
1997, cc. 691, 706; 1999, cc. 945, 987; 2000, cc. 243, 956, 958, 959, 980, 982,
985; 2001, c. 739; 2004, cc. 461, 937, 951; 2013, cc. 415, 655; 2016, c. 230;
2019, c. 618; 2024, cc. 552, 568.