Virginia Driving on Revoked License Third Offense in 10 years: Penalties
February 1, 2016 by Jean Humbrecht
This is the third post in a 3 part series discussing the penalties for Virginia driving on revoked license charges. This post specifically discusses the penalties for a Virginia driving on revoked license third offense within 10 years. For more information on the penalties for first and second offense driving on revoked license convictions in Virginia, see posts 1 and 2 in this series.
Va Code §18.2-272 makes it a crime for anyone to drive after his license has been revoked from a Virginia DUI or Breathalyzer Refusal conviction. The statute also criminalizes driving with a Blood Alcohol Content (BAC) higher than .02 while revoked for a DUI-related conviction.
Virginia Driving on Revoked License Third Offense Penalties
A conviction for a Virginia driving on revoked license third offense within 10 years is a Class 6 FELONY and has severe penalties. These penalties include jail, fines, and further driver’s license revocation.
- Prison: A conviction for a Virginia driving on revoked license third offense within 10 years is a felony and can be punished with up to 5 years in prison.
- Fines: A Virginia driving on revoked license third offense conviction within 10 years can be punished with a fine up to $2500.
- Driver’s License Revocation: If convicted of a Virginia driving on revoked license third offense in 10 years, the driver’s license will be revoked for 3 years. This revocation is in addition to, and will run consecutive with, any other revocation period.
- No Restricted License: Anyone convicted of a Virginia driving on revoked license third offense will not be able to apply for a restricted license at all during the 3 years that his license is revoked for the new conviction.
- Vehicle Impoundment: Va. Code §46.2-301.1 requires the arresting officer to impound the vehicle being driven when someone is arrested for driving on a revoked license in Virginia under Va. Code §18.2-272.
- DMV Points: The Virginia DMV will add 6 demerit points to the driving record of anyone convicted of a Virginia driving on revoked license third offense within 10 years.
- Felony Conviction: A conviction for a Virginia driving on revoked license third offense in 10 years is a felony and will remain on the offender’s permanent criminal record as a FELONY conviction.
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