Driving After Forfeiture of License

Driving After Forfeiture of License

§ 18.2-272 criminalizes driving or operating a motor vehicle after having been deprived of your privilege to drive because of a prior:

  • DUI/DWI conviction (§ 18.2-266) or
  • Refusal of a blood or breath test upon suspicion of a DUI/DWI (§ 18.2-268.3)
  • Other offenses listed in statute

Consequences of Driving After Forfeiture of License in Virginia:

  • A violation of this statute is a class 1 misdemeanor.
  • 6 demerit points on driving record (11 years) – The DMV will suspend a driver's license if he/she gathers more then 18 points over a 12 month period, or
  • 24 points over 24 months. § 46.2-506
  • At least one year license suspension (restricted license not available) Possibility of increase in insurance rate
  • Possible fine
  • Possible jail time

§ 18.2-272. Driving after forfeiture of license. 

A. Any person who drives or operates any motor vehicle, engine or train in the Commonwealth during the time for which he was deprived of the right to do so (i) upon conviction of a violation of § 18.2-268.3 or of an offense set forth in subsection E of § 18.2-270, (ii) by § 18.2-271 or 46.2-391.2, (iii) after his license has been revoked pursuant to § 46.2-389 or 46.2-391, or (iv) in violation of the terms of a restricted license issued pursuant to subsection E of §18.2-271.1, is guilty of a Class 1 misdemeanor except as otherwise provided in § 46.2-391, and is subject to administrative revocation of his driver's license pursuant to §§ 46.2-389 and 46.2-391. Any person convicted of three violations of this section committed within a 10-year period is guilty of a Class 6 felony.

Nothing in this section or § 18.2-266, 18.2-270 or 18.2-271, shall be construed as conflicting with or repealing any ordinance or resolution of any city, town or county which restricts still further the right of such persons to drive or operate any such vehicle or conveyance.

B. Regardless of compliance with any other restrictions on his privilege to drive or operate a motor vehicle, it shall be a violation of this section for any person whose privilege to drive or operate a motor vehicle has been restricted, suspended or revoked because of a violation of § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-268.3, 46.2-341.24, or a similar ordinance or law of another state or the United States to drive or operate a motor vehicle while he has a blood alcohol content of 0.02 percent or more.

Any person suspected of a violation of this subsection shall be entitled to a preliminary breath test in accordance with the provisions of § 18.2-267, shall be deemed to have given his implied consent to have samples of his blood, breath or both taken for analysis pursuant to the provisions of § 18.2-268.2, and, when charged with a violation of this subsection, shall be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12.

C. Any person who drives or operates a motor vehicle without a certified ignition interlock system as required by §46.2-391.01 is guilty of a Class 1 misdemeanor and is subject to administrative revocation of his driver's license pursuant to §§ 46.2-389 and 46.2-391.

Each case is different, but depending on the specific set of facts of your case I may be able to help you: (1) have your charge dismissed, (2) obtain a not guilty verdict, (3) obtain a less serious charge than the original charge, or (4) obtain an agreement with the Commonwealth which will minimize the negative impact a conviction may have. Please call at 434-979-0308 or use the contact form. 

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