Virginia § 46.2-398 - (Effective until July 1, 2026) Disposition of surrendered licenses on revocation or suspension
Full text of Virginia Code of Virginia § 46.2-398 — (Effective until July 1, 2026) Disposition of surrendered licenses on revocation or suspension, with citation guidance and answers to common questions.
§ 46.2-398. (Effective until July 1, 2026) Disposition of surrendered licenses on revocation or suspension
In any case in which the accused is convicted of an offense, on the conviction of which the law requires or permits revocation or suspension of the driver's license of the person so convicted, the court shall order the surrender of such license, which shall remain in the custody of the court during the period of revocation or suspension if the period does not exceed 30 days.
If the revocation or suspension period exceeds 30 days, and the conviction was obtained in a court not of record, the license shall remain in the custody of that court (i) until the time allowed by law for an appeal to the circuit court has elapsed, when it shall be forwarded to the Commissioner, or (ii) until an appeal to the circuit court is noted, at which time it shall be returned to the accused.
If the revocation or suspension period exceeds 30 days, and the conviction was obtained in the circuit court, the circuit court shall forward the license to the Commissioner forthwith upon the conviction.
For any revocation or suspension of a privilege to drive in Virginia of a person who does not have a Virginia driver's license but who does have a valid driver's license from another jurisdiction, the court shall not order the physical surrender of such license.
Code 1950, § 46-195.1; 1952, c. 66; 1958, c. 541, § 46.1-425; 1973, c. 164; 1977, c. 585; 1982, c. 673; 1984, c. 780; 1989, c. 727; 2005, c. 943; 2011, c. 271.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 46.2-398
What does Code of Virginia § 46.2-398 cover?
Section 46.2-398 ("(Effective until July 1, 2026) Disposition of surrendered licenses on revocation or suspension") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 46.2-398?
A common citation format is "Code of Virginia § 46.2-398" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 46.2-398 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.