Bill Text: VA SB6 | 2024 | Regular Session | Prefiled
Bill Title: Restricted driver's license; issuance for multiple convictions of driving while intoxicated, etc.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2024-04-05 - Governor: Acts of Assembly Chapter text (CHAP0568) [SB6 Detail]
Download: Virginia-2024-SB6-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §46.2-391 of the Code of Virginia is amended and reenacted as follows:
§46.2-391. Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege.
A. The Commissioner shall forthwith revoke and not thereafter reissue for three years the driver'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 §46.2-341.24 (driving a commercial motor vehicle under the influence of drugs or intoxicants), or §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 §18.2-272 (driving while the driver's license has been forfeited for a conviction under §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 §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's license of any person convicted of a violation of §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's license of any person after receiving a record of the
conviction of any person (i) convicted of a violation of §18.2-36.1 or
18.2-51.4 or a felony violation of §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 §46.2-341.24 or, §
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's license revoked in
accordance with subsection B of this section
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 §18.2-270.1 on all motor vehicles, as defined in §
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'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'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 §
18.2-270.1 and subsection E of §18.2-271.1. The court shall notify the
Virginia Alcohol Safety Action Program which shall that during the term of the
restricted license it shall
monitor the person'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'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 §18.2-254.2 or 18.2-254.3 or Rule 1:25 of the
Rules of Supreme Court of Virginia. If such person'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 §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. The court may order that a
restricted license for such purposes be issued in accordance with the
procedures of subsection E of §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 §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'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 of this subsection
need only be satisfied once as to any single revocation under subsection B of this section 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 shall be 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 §§ §
18.2-36.1, 18.2-51.4, or
18.2-266, subsection A of §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 §§ §
18.2-36.1, 18.2-51.4, or
18.2-266, subsection A of §46.2-341.24, or a substantially similar local
ordinance, or law of another jurisdiction, such person shall
be 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 of this subsection,
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 of
subsection D, 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 §19.2-316.4.
F. Any period of driver'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, shall be is
guilty of a violation of §18.2-272.
