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Virginia Code § 18.2-271

Forfeiture of driver's license for driving while intoxicated.

Virginia DUI statute · Checked against the official text October 30, 2026 · How we research and review these pages

What this section governs

Virginia DUI conviction license forfeiture: one year first, three-year revoke second-within-10, indefinite for felony or third-plus.

Plain-language summary

After a Virginia driving-while-intoxicated conviction, this section forfeits the privilege to drive: one year for a first offense, three years plus revocation for a second within 10 years, and an indefinite revocation for a felony § 18.2-266 conviction or a third or subsequent offense. Except as provided in § 18.2-271.1, a first-offense conviction under § 18.2-266, a similar local ordinance, or subsection A of § 46.2-341.24 of itself deprives the person of the privilege to drive or operate any motor vehicle, engine, or train in the Commonwealth for one year from the date of judgment; that suspension period is in addition to the suspension under § 46.2-391.2. A second offense within 10 years of a first — including substantially similar local ordinances or laws of any other jurisdiction — of itself deprives the person of that privilege for three years from the judgment of conviction, and the license is revoked as provided in subsection A of § 46.2-391; the court orders surrender of the license and notifies the person of the three-year revocation. A felony conviction of § 18.2-266, or a third or subsequent offense within 10 years of two others, of itself deprives the person of the privilege; that person may, upon good cause shown, be eligible for a program under § 18.2-271.1, and the license is revoked indefinitely as provided in subsection B of § 46.2-391. Any suspension or revocation under this section runs consecutively with a suspension for failure to permit a blood or breath sample under §§ 18.2-268.1 through 18.2-268.12 or §§ 46.2-341.26:1 through 46.2-341.26:11, or with a suspension for a previous violation of § 18.2-266, 18.2-266.1, or 46.2-341.24. The period does not begin to expire until the person surrenders the license to the court or the Department of Motor Vehicles. This section does not apply to commercial-driver disqualification under the Commercial Driver's License Act (§ 46.2-341.1 et seq.). It does not set the criminal elements of § 18.2-266 or the criminal penalties of § 18.2-270, and it does not set restricted-license or program mechanics beyond the eligibility gate in subsection C.

Official text (excerpt)

§ 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 a first offense under § 18.2-266 or for a similar offense under any local 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 10 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 or any period of suspension for a previous violation of § 18.2-266, 18.2-266.1, or 46.2-341.24. C. If a person (i) is tried on a process alleging (a) a felony conviction of § 18.2-266 or (b) 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 10 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. Such person may, upon good cause shown, be eligible for participation in a program pursuant to § 18.2-271.1 and shall, upon 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.). 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; 2013, cc. 415, 655; 2026, c. 1112.

Source: Virginia Legislative Information System, accessed October 30, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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