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§ 46.2-391. Revocation of license for multiple
convictions of driving while intoxicated; exception; petition
for restoration of privilege.
A. The Commissioner shall forthwith revoke and not
thereafter reissue for three years the driver's license of
any person on receiving a record of the conviction of any
person who (i) is adjudged to be a second offender in violation
of the provisions of subsection A of § 46.2-341.24 (driving
a commercial motor vehicle under the influence of drugs or
intoxicants), or § 18.2-266 (driving under the influence
of drugs or intoxicants), if the subsequent violation occurred
within ten years from the prior violation, or (ii) is convicted
of any two or more offenses of § 18.2-272 (driving while
the driver's license has been forfeited for a conviction under
§ 18.2-266) if the second or subsequent violation occurred
within ten years of the prior offense. However, if the Commissioner
has received a copy of a court order authorizing issuance
of a restricted license as provided in subsection E of §
18.2-271.1, he shall proceed as provided in the order of the
court. For the purposes of this subsection, an offense in
violation of a valid local ordinance, or law of any other
jurisdiction, which ordinance or law is substantially similar
to any provision of Virginia law herein shall be considered
an offense in violation of such provision of Virginia law.
Additionally, in no event shall the Commissioner reinstate
the driver's license of any person convicted of a violation
of § 18.2-266, or of a substantially similar valid local
ordinance or law of another jurisdiction, until receipt of
notification that such person has successfully completed an
alcohol safety action program if such person was required
by court order to do so unless the requirement for completion
of the program has been waived by the court for good cause
shown.
B. The Commissioner shall forthwith revoke and not
thereafter reissue the driver's license of any person after
receiving a record of the conviction of any person (i) convicted
of a violation of § 18.2-36.1 or § 18.2-51.4 or
(ii) adjudged to be a third offender within a period of ten
years in violation of the provisions of subsection A of §
46.2-341.24 or § 18.2-266, or a substantially similar
ordinance or law of any other jurisdiction.
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