Virginia Driving on Revoked License First Offense: Penalties
January 27, 2016 by Jean Humbrecht
It is a crime in Virginia for anyone to operate a motor vehicle while his driver’s license is revoked because of a DUI or Breathalyzer Refusal conviction. Va. Code §18.2-272 also makes it a crime for anyone with a DUI-related revocation to operate a motor vehicle with a Blood Alcohol Content (BAC) higher than .02. First and second offense driving on revoked license charges in Virginia are Class 1 misdemeanors. A third offense in 10 years in is a felony.
This is the first post in a 3 part series discussing the penalties for a driving on revoked license charge under Va. Code §18.2-272. This post specifically focuses on the penalties for a Virginia Driving on Revoked License first offense. For more information on the penalties for second and third offense driving on revoked license convictions in Virginia, see posts 2 and 3 in this series.
Virginia Driving on Revoked License First Offense: Penalties
A Virginia Driving on Revoked License first offense is a Class 1 misdemeanor. The offender faces jail time, fines, automatic driver’s license revocation, and vehicle impoundment.
- Jail: A Virginia Driving on Revoked License first offense conviction is a Class 1 misdemeanor under Va. Code §18.2-272 and is punished with up to 12 months in jail.
- Fines: A conviction for a Virginia driving on revoked license first offense could also result in a fine up to $2500.
- Driver’s License Revocation: After being convicted of a Virginia driving on revoked license first offense, the DMV will revoke the offender’s privilege to drive for 12 months, pursuant to Va. Code §46.2-389(A)(2). This revocation will not start until all other suspension or revocation periods have ended. This could result in the offender’s license being suspended or revoked for many years, depending on how many prior DUI and DUI-related convictions he had.
- No restricted license: Anyone convicted of a Virginia driving on a revoked license first offense under Va. Code §18.2-272 cannot apply for a restricted license. This means he cannot drive anywhere during this period of license revocation.
- Vehicle Impoundment: The arresting officer is required under Va. Code §46.2-301.1(A) to impound the offender’s vehicle for 30 days after arresting the offender for driving in violation of a DUI-related driver’s license revocation.
- DMV Points: A conviction for a first offense Driving on Revoked License charge under Va. Code §18.2-272 will result in 6 demerit points on the offender’s DMV record.
- Criminal Record: Even though this revoked licenses charges are prosecuted in traffic court, a Virginia Driving on Revoked License charge is a crime. A conviction will remain on the driver’s permanent criminal record.
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