Habitual Offenders

The following information is provided as a summary of the habitual offender laws of Virginia. This summary may not include all aspects of the law and is not intended to be construed as legal advice.

Definition

Under Sec. 46.2-351 of the Code of Virginia, a habitual offender is defined as any person whose Virginia Department of Motor Vehicles record includes any of the following within a 10-year period:

1. Three or more convictions, or findings of not innocent in the case of a juvenile, singularly or in combination, of the following separate offenses arising out of separate acts and prohibited by federal, state or local laws:
   1. Voluntary or involuntary manslaughter or aggravated involuntary manslaughter resulting from the operation of a motor vehicle
   2. Driving or operating a motor vehicle while under the influence of intoxicants or drugs or maiming resulting from driving under the influence of intoxicants or drugs
   3. Driving a motor vehicle while the license, permit, or privilege to drive a motor vehicle has been suspended or revoked
   4. Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of such laws
   5. Any offense punishable as a felony under the motor vehicle laws of Virginia or any felony in the commission of which a motor vehicle is used
   6. Failure of the driver of a motor vehicle involved in an accident resulting in the death or injury of any person to stop close to the scene of the accident and report his identity
   7. Failure of the driver of a motor vehicle involved in an accident resulting only in damage to an attended or unattended vehicle or other property in excess of $1,000 to stop close to the scene of the accident and report his identity or otherwise report such accident
2. Twelve or more convictions, or findings of not innocent in the case of a juvenile, of separate offenses, singularly or in combination, in the operation of a motor vehicle which are required to be reported to the Virginia Department of Motor Vehicles and the commission of which requires the DMV or authorizes a court to suspend or revoke the privilege to drive for a period of 30 days or more

Where more than one offense included above is committed within a six-hour period, multiple offenses shall, on the first such occasion, be treated as one offense provided the person charged has no record of prior offenses as listed above.