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:
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.
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.
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.
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 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.
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).
Nichols & Green, PLLC
10521 Judical Drive
Suite 100
Fairfax, Virginia 22030
Phone: 703-383-9222
Toll free: 800-557-7174
Fax: 703-383-9220
Fairfax County, Fairfax City, Prince William County, Loudoun County, Arlington County, City of Alexandria, Manassas, Manassas Park, Town of Haymarket, City of Vienna, Town of Herndon, Town of Reston, City of Falls Church, and Federal Court (Eastern District of Virginia)