18.2-271 - Forfeiture of driver's license for driving while intoxicated. - Virginia Statutes

§ 18.2-271. Forfeiture of driver's license for driving while intoxicated.

A. Except as provided in § 18.2-271.1, the judgment of conviction if for afirst offense under § 18.2-266 or for a similar offense under any county,city, or town ordinance, or for a first offense under subsection A of §46.2-341.24, shall of itself operate to deprive the person so convicted ofthe privilege to drive or operate any motor vehicle, engine or train in theCommonwealth for a period of one year from the date of such judgment. Thissuspension period shall be in addition to the suspension period providedunder § 46.2-391.2.

B. If a person (i) is tried on a process alleging a second offense ofviolating § 18.2-266 or subsection A of § 46.2-341.24, or any substantiallysimilar local ordinance, or law of any other jurisdiction, within ten yearsof a first offense for which the person was convicted, or found guilty in thecase of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or anyvalid local ordinance or any law of any other jurisdiction substantiallysimilar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convictedthereof, such conviction shall of itself operate to deprive the person soconvicted of the privilege to drive or operate any motor vehicle, engine ortrain in the Commonwealth for a period of three years from the date of thejudgment of conviction and such person shall have his license revoked asprovided in subsection A of § 46.2-391. The court trying such case shallorder the surrender of the person's driver's license, to be disposed of inaccordance with § 46.2-398, and shall notify such person that his license hasbeen revoked for a period of three years and that the penalty for violatingthat revocation is as set out in § 46.2-391. This suspension period shall bein addition to the suspension period provided under § 46.2-391.2. Any periodof license suspension or revocation imposed pursuant to this section, in anycase, shall run consecutively with any period of suspension for failure topermit a blood or breath sample to be taken as required by §§ 18.2-268.1through 18.2-268.12 or §§ 46.2-341.26:1 through 46.2-341.26:11 or any periodof suspension for a previous violation of § 18.2-266, 18.2-266.1, or46.2-341.24.

C. If a person (i) is tried on a process alleging a third or subsequentoffense of violating § 18.2-266 or subsection A of § 46.2-341.24, or anysubstantially similar local ordinance, or law of any other jurisdiction,within ten years of two other offenses for which the person was convicted, orfound not innocent in the case of a juvenile, under § 18.2-266 or subsectionA of § 46.2-341.24 or any valid local ordinance or any law of any otherjurisdiction substantially similar to § 18.2-266 or subsection A of §46.2-341.24 and (ii) is convicted thereof, such conviction shall of itselfoperate to deprive the person so convicted of the privilege to drive oroperate any motor vehicle, engine or train in the Commonwealth and suchperson shall not be eligible for participation in a program pursuant to §18.2-271.1 and shall, upon such conviction, have his license revoked asprovided in subsection B of § 46.2-391. The court trying such case shallorder the surrender of the person's driver's license, to be disposed of inaccordance with § 46.2-398, and shall notify such person that his license hasbeen revoked indefinitely and that the penalty for violating that revocationis as set out in § 46.2-391.

D. Notwithstanding any other provision of this section, the period of licenserevocation or suspension shall not begin to expire until the person convictedhas surrendered his license to the court or to the Department of MotorVehicles.

E. The provisions of this section shall not apply to, and shall have noeffect upon, any disqualification from operating a commercial motor vehicleimposed under the provisions of the Commercial Driver's License Act (§46.2-341.1 et seq.).

(Code 1950, § 18.1-59; 1960, c. 358; 1962, c. 625; 1964, c. 240; 1972, c.757; 1975, cc. 14, 15; 1982, c. 301; 1983, c. 504; 1984, cc. 623, 673; 1989,c. 705; 1990, c. 949; 1992, cc. 722, 830, 891; 1994, cc. 359, 363; 2000, cc.956, 982; 2001, c. 739; 2002, c. 873; 2010, c. 521.)