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Driving on a Revoked License with Multiple DUIs

Driving after Revocation for Multiple DUIs is the most serious license offense. In order to be convicted of Driving after Revocation under VA Code § 46.2-391(D), a driver must be driving a motor vehicle after having his license revoked for conviction of one of the following:

  1. Involuntary Manslaughter (VA Code § 18.2-36.1),
  2. DUI Maiming (VA Code § 18.2-54.1),
  3. Driving on Revoked License (VA Code § 18.2-272) twice or more, or
  4. DUI 2nd, DUI 3rd or more.

Do Not Have The Keys in The Ignition

Statute 46.2-391(D) outlaws "driving" (as opposed to merely "operating") a motor vehicle on a revoked license. Therefore, a traffic attorney may argue that the vehicle has to be in motion to violate this statute.

You Can Be Arrested for 46.2-391(D) on a Moped

Statute 46.2-391(D) also does not have a moped exception in the statute but mopeds may be allowed if the driver complies with the rules of 46.2-914 and 46.2-100.

You Can Be Arrested for 46.2-391(D) on Private Property

Driving on a "highway" is not a requirement for 46.2-391(D). A person who is driving on private property and has multiple DUI convictions can also be convicted of driving on a revoked license.

Administrative Suspensions and Suspensions for Refusal Do NOT Count

In order to be convicted, the driver must have been suspended after being convicted of involuntary manslaughter (18.2-36.1), DUI Maiming (18.2-54.1), multiple charges of Driving on a Revoked License (18.2-272), or multiple DUIs. Administrative suspensions do not count, nor does Refusal to Submit to a Blood or Breath test. However, driving outside of the terms of a restricted license does fall under this statute if the driver was convicted of three or more DUIs, Involuntary Manslaughter, or DUI Maiming.

Driving on a Revoked License After DUI 2nd ect: Mandatory Jail

Driving after Revocation under 46.2-391 is very serious. It is a Class 1 misdemeanor with up to 12 months in jail and a $2500 fine. There is a mandatory minimum of ten days in jail.

However, if the driver puts anyone’s life or property in jeopardy OR if the driver drives 46.2-391(D) becomes a Class 6 felony with a mandatory minimum of one year in jail and up to five years in prison.

(VA Code § 46.2-391) License Suspension

All forms of Driving on a Revoked License under 46.2-391(D) carry a one-year license suspension as well. Driving on a Revoked License for Multiple DUIs (46.2-391(D)) also carries six DMV demerit points and stays on the driver’s DMV record for eleven years (though it stays on his criminal record permanently).