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DUI, DWI & Criminal Legislation in Virginia  

The Virginia Code , section: 18.2-271

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Penalties/Suspension on Conviction, Prohibition, Forfeiture of driver's license for driving while intoxicated.

A. Except as provided in 18.2-271.1, the judgment of conviction if for a first 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 of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under 46.2-391.2.

B. If a person (i) is tried on a process alleging a second offense of violating 18.2-266 or subsection A of 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under 18.2-266 or subsection A of 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to 18.2-266 or subsection A of 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of three years from the date of the judgment of conviction and such person shall have his license revoked as provided in subsection A of 46.2-391. The court trying such case shall order the surrender of the person's driver's license, to be disposed of in accordance with 46.2-398, and shall notify such person that his license has been revoked for a period of three years and that the penalty for violating that revocation is as set out in 46.2-391. This suspension period shall be in addition to the suspension period provided under 46.2-391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by 18.2-268.1 through 18.2-268.12 or 46.2-341.26:1 through 46.2-341.26:11.

C. If a person (i) is tried on a process alleging a third or subsequent offense of violating 18.2-266 or subsection A of 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of two other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under 18.2-266 or subsection A of 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to 18.2-266 or subsection A of 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth and such person shall not be eligible for participation in a program pursuant to 18.2-271.1 and shall, upon such conviction, have his license revoked as provided in subsection B of 46.2-391. The court trying such case shall order the surrender of the person's driver's license, to be disposed of in accordance with 46.2-398, and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in 46.2-391.

D. Notwithstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.

E. The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver's License Act ( 46.2-341.1 et seq.).

Comments : The punishment for DUI includes a license suspension. This ranges from one year for a first offense to a minimum of 5 years for a felony. In some circumstances, the court can grant a restricted drivers' license to allow one to drive to and from work and certain other destinations

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