SB 6 — Restricted driver's license; issuance for multiple convictions of driving while intoxicated, etc.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E568 An Act to amend and reenact § 46.2-391 of the Code of Virginia, relating to issuance of restricted driver's license for multiple convictions of driving while intoxicated;

completion of speciaRtyspecialty dockets.

O [S 6] Approved LApril L5, 2024 Be it enacted by the General Assembly of Virginia:

E § 46.2-391.

excDption;exception;

petA.petition for restoration of privilege.

TheA. 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 witBin 10 years of the prior offense.

However,The ifCommissioner shall forthwith revoke and not thereafter reissue for three years the Commissionerdriver's haslicense receivedof any person on receiving a copyrecord of athe courtconviction orderof Eany asperson providedwho (i) is adjudged to be a second offender in violation of the orderprovisions of subsection A of § 46.2-341.24 (driving a commercial drugs or intoxicants), if the court.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.

ForHowever, if the purposesCommissioner ofhas thisreceived subsection,a ancopy offense in violation of aeda validcourt localorder ordinance,authorizing orissuance law of anya otherrestricted jurisdiction,license whichas ordinanceprovided orin lawsubsection isE substantially similar to any provision of Virginia§ law18.2-271.1, hereinhe shall beproceed consideredas anprovided offense in violationthe oforder such provision of Virginiathe law.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.

A conviction incB.includes a finding of not innocent in the case of a juvenile.

B.

Any person who has had his driver's license revoked in accordance with subsection B of this sec1.section may petition the circuit court of his residence, or, if a nonresident of Virginia, any circuit court:

For1. restoration of his privilege to drive a motor vehicle in the Commonwealth after the expirationourt:

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.

(i) at the time of his previous convictions, the petitioner was addicted to or petition, he is no longer 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;

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 Alcoholwith Safety Action Program which shall that during the termprovisions of the§ restricted18.2-270.1 licenseand itsubsection shallE monitor the person's compliance with the terms of the§ restrictions18.2-271.1. imposed by the court.

AnyThe violationcourt ofshall notify the ofVirginia 3Alcohol restrictionsSafety Action Program which shall bethat reportedduring tothe term of the court,restricted andlicense it shall monitor the courtperson's maycompliance thenwith modifythe terms of the restrictions orimposed revokeby the license.court.

2.Any violation of the restrictions shall be reported to the court, and the court may then modify the restrictions or revoke the license.

of 3 2.

Notwithstanding the provisions of subdivisions D 2 and 3 of subsection D, following conviction of 3 and prior to imposition of sentence with the consent of the defendant, the court may order the defendant §to 19.2-316.4.edbe evaluated for and to participate in the community corrections alternative program pursuanEpursuant to F.§ 19.2-316.4.

AnyF. 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 MotRr VehG.

NothingAny inperiod thisof sectiondriver's shalllicense prohibitrevocation aimposed personpursuant fromto operatingthis anysection farmshall tractornot onbegin theto hiOhwaysexpire whenuntil itthe isperson necessaryconvicted tohas movesurrendered thehis tractorlicense fromto onethe tractcourt ofor landto usedthe forDepartment agriculturalof purposesMotor toof another3 sucH.Vehicles.

AnyG. 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, shaEl be is guilty of a violation of § 18.2-272.

DNothing Bin Rthis 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.