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Virginia statute

Va. Code Ann. § 18.2-272 — Driving after forfeiture of license

Current through 2026 Regular Session

Part of Article 2: Driving Motor Vehicle, Etc., While Intoxicated, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-272

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-272Primary source, current through the 2026 Regular Session
A. Any person who drives or operates any motor vehicle on any highway, as defined in § 46.2-100 , in the Commonwealth, or any engine or train in the Commonwealth, during the time for which he was deprived of the right to do so (i) upon conviction of a violation of § 18.2-268.3 or 46.2-341.26:3 or of an offense set forth in subsection E of § 18.2-270 , (ii) by § 18.2-271 or 46.2-391.2 , (iii) after his license has been revoked pursuant to § 46.2-389 or 46.2-391 , or (iv) in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 , subsection C of § 18.2-270.1 , or subsection E of § 18.2-270.1 , as it shall become effective on July 1, 2021, is guilty of a Class 1 misdemeanor except as otherwise provided in § 46.2-391 , and is subject to administrative revocation of his driver's license pursuant to §§ 46.2-389 and 46.2-391 . Any person convicted of three violations of this section committed within a 10-year period is guilty of a Class 6 felony. Nothing in this section or § 18.2-266 , 18.2-270 , or 18.2-271 shall be construed as conflicting with or repealing any ordinance or resolution of any county, city, or town that restricts still further the right of such persons to drive or operate any such vehicle or conveyance. B. Regardless of compliance with any other restrictions on his privilege to drive or operate a motor vehicle, it shall be a violation of this section for any person whose privilege to drive or operate a motor vehicle has been restricted, suspended or revoked because of a violation of § 18.2-36.1 , 18.2-51.4 , 18.2-266 , 18.2-268.3 , 46.2-341.24 , or 46.2-341.26:3 or a similar ordinance or law of another state or the United States to drive or operate a motor vehicle on any highway, as defined in § 46.2-100 , in the Commonwealth while he has a blood alcohol content of 0.02 percent or more. Any person suspected of a violation of this subsection shall be entitled to a preliminary breath test in accordance with the provisions of § 18.2-267 , shall be deemed to have given his implied consent to have samples of his blood, breath or both taken for analysis pursuant to the provisions of § 18.2-268.2 , and, when charged with a violation of this subsection, shall be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12 . C. Any person who drives or operates a motor vehicle on any highway, as defined in § 46.2-100 , in the Commonwealth without a certified ignition interlock system as required by § 46.2-391.01 is guilty of a Class 1 misdemeanor and is subject to administrative revocation of his driver's license pursuant to §§ 46.2-389 and 46.2-391 . D. Any person who drives or operates a motor vehicle who has tampered with, or in any way attempted to circumvent the operation of, a remote alcohol monitoring device that an offender is ordered to use under § 18.2-270.1 is not guilty of a violation of this section but is guilty of a violation of subsection H of § 18.2-270.1 .

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.