Driving on Revoked License (DUI Related)

Driving on a revoked license in Virginia (Va. Code §18.2-272) is a serious offense.  This charge is not merely a traffic infraction, but it is a crime, punished with up to 5 years in prison and further driver’s license revocation.  The offense can be a misdemeanor or a felony.

Reasons For A Driving on A Revoked License in Virginia Charge (Va. Code §18.2-272)

Driving on a Revoked License in Virginia under Va. Code §18.2-272 can be committed in 1 of 4 ways:

  • driving on s revoked license in Virginiadriving while the person’s license is revoked for a DUI, Felony DUI, or Breathalyzer Refusal conviction (Va. Code §18.2-272(A))
  • driving with a Blood Alcohol Content (BAC) higher than .02% while revoked after a DUI conviction (Va. Code §18.2-272(B))
  • driving in violation of the terms of a restricted license issued after a DUI conviction (Va. Code §18.2-272(A)(iv))
  • driving without an Ignition Interlock installed which was required as a condition of a restricted license after a DUI conviction (Va. Code §18.2-272(C))
Driving While Revoked After DUI Conviction

DUI and Breathalyzer Refusal convictions are punished with mandatory driver’s license revocation and suspension periods in Virginia. Anyone convicted of a DUI or Breathalyzer Refusal that is caught driving during this revocation or suspension period will be charged with driving on a revoked license in Virginia under Va. Code §18.2-272.

For more information on DUI convictions in Virginia, click here.  For more information on Breathalyzer Refusal convictions in Virginia, click here.

Driving in Violation of Restricted License

Driver’s convicted of a first or second offense DUI in Virginia are able to obtain a restricted license to allow them to drive to a limited number of places.  Driving outside of these restrictions in any way is a violation of the restricted license and will be charged as driving on a revoked license in Virginia under Va. Code §18.2-272 (Va. Code §18.2-271.1(E)).

For more information on a restricted license issued after a DUI conviction in Virginia, click here.

Driving with BAC Higher Than .02%

It is illegal for anyone to drive with a Blood Alcohol Content (BAC) higher than .02% if they are currently revoked because of a DUI conviction.  Driving with a BAC of .02% or higher is a violation of §18.2-272(B), driving on a revoked license.  If a police officer suspects that a driver may have a BAC higher than .02% and is currently revoked for a DUI, the driver is required under the implied consent law to take a breathalyzer or blood test if he is arrested within 3 hours of the offense and the offense occurred on a public highway.  An unreasonable refusal of this test will result in a charge of Breathalyzer or Blood Test Refusal under Va. Code §18.2-268.3.

For more information on the implied consent law in Virginia, click here.

Driving Vehicle Not Equipped with Ignition Interlock

When an offender is convicted of a DUI in Virginia, he may be eligible to obtain a restricted driver’s license.  However, he will be required to install an Ignition Interlock in his vehicle as a condition of a restricted license or of license restoration (Va. Code §18.2-270.1(B), Va. Code §46.2-391(C)(1)).  He is forbidden from driving or operating a motor vehicle that is not equipped with an Ignition Interlock device.  If he is caught driving a vehicle without an Ignition Interlock, he will be charged under Va. Code §18.2-272(C) and, if convicted, his license may be administratively revoked.

For more information on Ignition Interlock requirements in Virginia, click here.

For more information on a restricted license in Virginia after a DUI conviction, click here.

Proof of Driving on a Revoked License in Virginia After A DUI Conviction

To convict an offender or driving on a revoked license in Virginia under Va. Code §18.2-272, the Commonwealth must prove that the offender:

  • driving on a revoked license in Virginia drove or operated
  • a motor vehicle
  • while he was revoked
Drove or Operated

Operation in Virginia means driving or being in actual physical control of a motor vehicle. Admissions to driving or testimony that a witness saw the offender driving or operating a motor vehicle can be introduced as proof of operation.

Motor Vehicle

A motor vehicle is defined in Va. Code §46.2-100 as “every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title.  Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. Except as otherwise provided, for the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.”

While Revoked

The Commonwealth must prove that the driver’s privilege to operate a motor vehicle was revoked in order to convict someone of driving on a revoked license in Virginia under Va. Code §18.2-272.  Driving on a revoked license after the following convictions will result in a charge under Va. Code §18.2-272:

The Commonwealth must prove that the driver’s license was actually revoked at the time of the offense to convict an offender of driving on a revoked license in Virginia under Va. Code §18.2-272.  The offender’s driving record is generally used as proof that the offender’s license was revoked in a prosecution for a Virginia driving on a revoked license charge.

If the license revocation period for a DUI conviction has already passed, the driver cannot be convicted under Va. Code §18.2-272, but may be convicted of another offense relating to not being properly licensed.

Penalty for Driving on A Revoked License in Virginia After A DUI Conviction

Driving on a revoked license in Virginia after a DUI conviction under Va. Code §18.2-272 is punished with jail, fines, license revocation, DMV points, and vehicle impoundment.

Jail

Driving on a revoked license in Virginia after a DUI conviction is a Class 1 misdemeanor and is punished with up to 12 months in jail.  Second and subsequent offenses are punished with a mandatory minimum, active sentence of 10 days.  A third offense driving on a revoked license charge in Virginia in 10 years is a felony punished with up to 5 years in prison.

Fines

Driving on a revoked license in Virginia after a DUI conviction under Va. Code §18.2-272 is punished with a fine up to $2500.

Driver’s License Revocation

If a driver is convicted of driving on a revoked license in Virginia under Va. Code §18.2-272, his driver’s license will be administratively revoked for 12 months and he cannot obtain a restricted license (Va. Code §46.2-389).  Second and subsequent offenses in 10 years will result in an automatic 3 year license revocation (Va. Code §46.2-391).

DMV Points

The DMV will add 6 demerit points to the offender’s driving record if he is convicted of driving on a revoked license in Virginia under Va. Code §18.2-272.

Vehicle Impoundment

The vehicle that the offender was driving at the time of the offense may be administratively impounded for 30 days when he is charged with driving on a revoked license in Virginia under Va. Code §18.2-272.  Additionally, the vehicle may be impounded for an additional period up to 90 days if he is convicted of driving on a revoked license in Virginia under Va. Code §18.2-272 (Va. Code §46.2-301(A)).  This penalty applies only if the offender was the sole owner of the vehicle.  If the vehicle being driven at the time of the offense was not owned by the offender, it will not be impounded.

However, the court may impound any vehicle solely owned by the offender at the time of the arrest when he is convicted of a Virginia driving on a revoked license charge under Va. Code §18.2-272 (Va. Code §46.2-301(A)).  This additional impoundment period is NOT mandatory, but is up to the discretion of the judge.

For more information on vehicle impoundment in Virginia after a DUI arrest and conviction, click here.

Second Offense Driving on A Revoked License in Virginia After A DUI Conviction in 10 Years

A driver convicted of a second offense driving on a revoked license in Virginia in 10 years is punished with a mandatory minimum of 10 days in jail and his license will be revoked for 3 years (Va. Code §46.2-391).

If the offender drove in a way that endangered life, limb or property, the offense becomes a felony, punished with up to 5 years in prison (Va. Code §46.2-391(D)(2)).  A second offense will also be a felony if the offender was not driving in a way that endangered life, limb or property but drove in violation of DUI (Va. Code §18.2-266), DUI Maiming (Va. Code §18.2-51.4), DUI Involuntary Manslaughter (Va. Code §18.2-36.1), or Commercial Driver DUI (Va. Code §46.2-341.24) and the person was previously convicted of one of those offenses (Va. Code §46.2-391(D)(2)).

Third or Subsequent Driving on A Revoked License in Virginia In 10 Years

A third offense driving on a revoked license charge (Va. Code §18.2-272) in 10 years in Virginia is a Class 6 felony, punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for an additional 3 years.