Virginia criminal charge
Driving after forfeiture of license in Virginia
Driving after forfeiture of license is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-272. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-272.
What is the penalty for driving after forfeiture of license in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Driving after forfeiture of license (first or second offense) — A person drives or operates a motor vehicle, engine, or train during a period when the right to do so was forfeited under the enumerated grounds, absent three such violations within 10 years.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Driving after forfeiture of license (first or second offense) — A person drives or operates a motor vehicle, engine, or train during a period when the right to do so was forfeited under the enumerated grounds, absent three such violations within 10 years.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Driving after forfeiture of license (third offense within 10 years) — A person is convicted of three violations of this section committed within a 10-year period.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Driving after forfeiture of license (third offense within 10 years) — A person is convicted of three violations of this section committed within a 10-year period.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Driving without required certified ignition interlock system — A person drives or operates a motor vehicle without a certified ignition interlock system as required by § 46.2-391.01.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Driving without required certified ignition interlock system — A person drives or operates a motor vehicle without a certified ignition interlock system as required by § 46.2-391.01.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is driving after forfeiture of license classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Driving after forfeiture of license (first or second offense) | class 1 misdemeanor | A person drives or operates a motor vehicle, engine, or train during a period when the right to do so was forfeited under the enumerated grounds, absent three such violations within 10 years. | Va. Code Ann. § 18.2-272A |
| Driving after forfeiture of license (third offense within 10 years) | class 6 felony | A person is convicted of three violations of this section committed within a 10-year period. | Va. Code Ann. § 18.2-272A |
| Driving without required certified ignition interlock system | class 1 misdemeanor | A person drives or operates a motor vehicle without a certified ignition interlock system as required by § 46.2-391.01. | Va. Code Ann. § 18.2-272C |
Common questions about driving after forfeiture of license in Virginia
Is driving after forfeiture of license a felony or a misdemeanor in Virginia?
It depends on the circumstances: driving after forfeiture of license ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-272.
Driving after forfeiture of license (first or second offense): class 1 misdemeanor (Va. Code Ann. § 18.2-272A) · Driving after forfeiture of license (third offense within 10 years): class 6 felony (Va. Code Ann. § 18.2-272A) · Driving without required certified ignition interlock system: class 1 misdemeanor (Va. Code Ann. § 18.2-272C)
What are the penalties for driving after forfeiture of license in Virginia?
Which Virginia statute covers driving after forfeiture of license?
Driving after forfeiture of license is governed by Va. Code Ann. § 18.2-272 (Driving after forfeiture of license).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.