Virginia Code

Va. Code Ann. § 46.2-301 (2026)

Driving while license, permit, or privilege to drive suspended or revoked

✓ current as of May 2026

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A. In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver's license, learner's permit, or privilege to drive a motor vehicle has been (i) suspended or revoked for a violation of § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) administratively suspended under the provisions of § 46.2-391.2. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.

B. Except as provided in § 46.2-304, no resident or nonresident (i) whose driver's license, learner's permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E. For the purposes of this section, the phrase "motor vehicle or any self-propelled machinery or equipment" shall not include mopeds.

C. A violation of subsection B is a Class 1 misdemeanor.

D. Upon a violation of subsection B, the court shall suspend the person's license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked. In the event the person violated subsection B by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the person's license, permit or privilege to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired. However, no such suspension shall extend beyond 10 years from the conviction date for such violation of subsection B, unless required by Article 6.1 (§ 46.2-341.1 et seq.).

E. Any person who is otherwise eligible for a restricted license may petition each court that suspended his license pursuant to subsection D for authorization for a restricted license, provided that the period of time for which the license was suspended by the court pursuant to subsection D, if measured from the date of conviction, has expired, even though the suspension itself has not expired. A court may, for good cause shown, authorize the Department of Motor Vehicles to issue a restricted license for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license shall be issued unless each court that issued a suspension of the person's license pursuant to subsection D authorizes the Department to issue a restricted license. Any restricted license issued pursuant to this subsection shall be in effect until the expiration of any and all suspensions issued pursuant to subsection D, except that it shall automatically terminate upon the expiration, cancellation, suspension, or revocation of the person's license or privilege to drive for any other cause. No restricted license issued pursuant to this subsection shall permit a person to operate a commercial motor vehicle as defined in the Commercial Driver's License Act (§ 46.2-341.1 et seq.). The court shall forward to the Commissioner a copy of its authorization entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a license is issued as is reasonably necessary to identify the person. The court shall also provide a copy of its authorization to the person, who may not operate a motor vehicle until receipt from the Commissioner of a restricted license. A copy of the restricted license issued by the Commissioner shall be carried at all times while operating a motor vehicle.

F. Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272.

G. The court may, in its discretion and where there have been no prior violations or convictions of this section within the past 10 years, dismiss the summons or warrant, where proof of compliance with this section is provided to the court on or before the court date, unless such person (i) possesses a commercial driver's license or commercial learner's permit, as those terms are defined in § 46.2-341.4, or (ii) was operating a commercial motor vehicle as defined in § 46.2-341.4. Where there has been a prior violation or violations, the court, in its discretion, may dismiss or amend the summons or warrant, where proof of substantial compliance has been provided to the court.

Code 1950, § 46-347.1; 1952, c. 666; 1958, c. 541, § 46.1-350; 1960, c. 364; 1962, c. 302; 1964, c. 239; 1966, cc. 546, 589; 1968, c. 494; 1970, c. 507; 1984, c. 780; 1985, c. 232; 1988, c. 859; 1989, c. 727; 1991, c. 64; 1992, c. 273; 1993, c. 24; 1994, cc. 359, 363; 1997, c. 691; 2000, cc. 956, 982; 2004, cc. 461, 801, 948; 2009, cc. 390, 764; 2010, c. 519; 2017, c. 700; 2020, cc. 964, 965, 1018; 2021, Sp. Sess. I, c. 463; 2024, c. 543; 2025, c. 121.

Notes of Decisions

Cited in 133 cases (13 in the last 5 years), 1989–2025 · leading case: Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016).

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Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016). · cites it 38× “Kenneth Barden (“appellant”) appeals his conviction of driving under a suspended or revoked license, in violation of Code § 46.2-301, because the evidence adduced at trial failed to establish that his driver’s license was suspended or revoked at the time he was operating a motor…”

Harris v. Commonwealth, 576 S.E.2d 228 (Va. Ct. App. 2003). · cites it 20× “Officer Linger issued Harris a summons for driving his car on a suspended license in violation of Code § 46.2-301. The district court convicted Harris of driving a motor vehicle without a license, in violation of Code § 46.”

Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003). · cites it 4× “2-266, driving on a suspended license, see Code § 46.2-301, and failing to stop at the scene of an accident to give information and render assistance, see Code § 46.”

Saunders v. Commonwealth, 629 S.E.2d 701 (Va. Ct. App. 2006). · cites it 14× “Appellant relies on the General Assembly’s 1992 amendment of the suspension statute, Code § 46.2-301, providing that “the phrase ‘motor vehicle or any self-propelled machinery or equipment’ shall not include mopeds.”

Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015). · cites it 14× “Steven Lee Hodges, appellant, was convicted in a bench trial of driving while his license has been suspended in violation of Code § 46.2-301 and of misdemeanor possession of a concealed weapon in violation of Code § 18.”

Gerald, T. v. Commonwealth, 813 S.E.2d 722 (Va. 2018). · cites it 2× “Based on the results of his investigation, Scopelliti obtained warrants of arrest against Patricia and Tarsha charging both of them with operating a motor vehicle while on a suspended license in violation of Code § 46.2-301, third or subsequent offense.”

Ervin v. Commonwealth, 704 S.E.2d 135 (Va. Ct. App. 2011). · cites it 4× “NOTES [1] Appellant was also convicted of driving on a suspended license, third or subsequent offense, in violation of Code § 46.2-301. Appellant challenged that conviction in his petition for appeal, but an appeal was not granted on that question presented.”

Davis v. Commonwealth, 440 S.E.2d 426 (Va. Ct. App. 1994). · cites it 12× “On appeal from his jury trial convictions of operating a motor vehicle on a public highway while his operator's license was suspended or revoked (Code § 46.2-301) and leaving an unattended motor vehicle on a roadway so as to constitute a hazard (Code § 46.”

Moore v. Commonwealth, 609 S.E.2d 74 (Va. Ct. App. 2005). · cites it 10× “2-74; Code § 46.2-301 (providing that driving while one's license is suspended is a Class 1 misdemeanor).”

Taylor v. Davis, 576 S.E.2d 445 (Va. 2003). · cites it 9× “Plaintiff asserted in his motion that he was wrongfully convicted of a violation of Code § 46.2-301 because, pursuant to Code § 46.”

Travis v. Commonwealth, 457 S.E.2d 420 (Va. Ct. App. 1995). · cites it 8× “Second, we reject appellant’s assertion that prosecution for a violation of his driving privileges must be pursuant to Code § 46.2-301, an alternate section, dealing with unlicensed driving, which provides for a misdemeanor conviction *416 instead of a felony conviction.”

Poindexter v. Commonwealth, 432 S.E.2d 527 (Va. Ct. App. 1993). · cites it 4× “Consequently, Officer Millner had probable cause to conclude that appellant was driving in violation of Code § 46.2-301. These circumstances constituted the commission of a crime in the presence of a police officer which, under Code § 19.”

Show all 133 citing cases →

— Va. Code Ann. § 46.2-301(13) — 1 case

United States v. Samuel Contreras Adams, 426 F.3d 730 (4th Cir. 2005).

— Va. Code Ann. § 46.2-301(A) — 2 cases

Samantha Ann Nicholson v. Albemarle Cnty. (Va. Ct. App. 2021).

Commonwealth v. Franklin, 37 Va. Cir. 138 (Fairfax Cir. Ct. 1995).

— Va. Code Ann. § 46.2-301(B) — 19 cases

Barden v. Commonwealth, 771 S.E.2d 699 (Va. Ct. App. 2016). “Kenneth Barden (“appellant”) appeals his conviction of driving under a suspended or revoked license, in violation of Code § 46.2-301, because the evidence adduced at trial failed to establish that his driver’s license was suspended or revoked at the time he was operating a motor…”

Saunders v. Commonwealth, 629 S.E.2d 701 (Va. Ct. App. 2006). “Appellant relies on the General Assembly’s 1992 amendment of the suspension statute, Code § 46.2-301, providing that “the phrase ‘motor vehicle or any self-propelled machinery or equipment’ shall not include mopeds.”

Robert Ryan Grasty v. Commonwealth of Virginia, 807 S.E.2d 238 (Va. Ct. App. 2017).

Taylor v. Davis, 576 S.E.2d 445 (Va. 2003). “Plaintiff asserted in his motion that he was wrongfully convicted of a violation of Code § 46.2-301 because, pursuant to Code § 46.”

United States v. Terrence Ormstom Smith, 395 F.3d 516 (4th Cir. 2005).

— Va. Code Ann. § 46.2-301(C) — 10 cases

Moore v. Commonwealth, 609 S.E.2d 74 (Va. Ct. App. 2005). “2-74; Code § 46.2-301 (providing that driving while one's license is suspended is a Class 1 misdemeanor).”

Moore v. Com., 636 S.E.2d 395 (Va. 2006).

Robert Ryan Grasty v. Commonwealth of Virginia, 807 S.E.2d 238 (Va. Ct. App. 2017).

Harris v. Commonwealth, 692 S.E.2d 656 (Va. Ct. App. 2010).

Commonwealth v. Williams, 68 Va. Cir. 265 (Charlottesville Cir. Ct. 2005).

— Va. Code Ann. § 46.2-301(D) — 2 cases

Antonio Concepcion Garbaldi v. Commonwealth of Virginia (Va. Ct. App. 2019).

Tony James Woodley v. Commonwealth of Virginia (Va. Ct. App. 2025).

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