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Your Virginia DUI Lawyer wants you to be well informed. We are providing the Virginia Code (excerpts of the actual Virginia DUI law) to keep you abreast of the latest new DUI laws in the Commonwealth of Virginia.

Note: These excerpts are for informational purposes only. Please consult your Virginia DUI Lawyer for legal advice if you are facing issues with the dui law in Virginia.

§ 46.2-400. Suspension of license of person incompetent because of mental illness, mental deficiency, inebriety, or drug addiction; return of license; duty of clerk of court.

The Commissioner, on receipt of notice that any person has been legally adjudged to be incapacitated in accordance with Article 1.1 (§ 37.1-134.6 et seq.) of Chapter 4 of Title 37.1 or that a person discharged from an institution operated or licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services is, in the opinion of the authorities of the institution, not competent because of mental illness, mental retardation, inebriety, or drug addiction to drive a motor vehicle with safety to persons or property, shall forthwith suspend his license; but he shall not suspend the license if the person has been adjudged competent by judicial order or decree.

In any case in which the person's license has been suspended prior to his discharge it shall not be returned to him unless the Commissioner is satisfied, after an examination such as is required of applicants by § 46.2-325, that the person is competent to drive a motor vehicle with safety to persons and property.

The clerk of the court in which the adjudication is made shall forthwith send a certified copy or abstract of such adjudication to the Commissioner.

(Code 1950, § 46-418; 1950, p. 949; 1954, c. 213; 1958, cc. 154, 541, § 46.1-427; 1964, c. 230; 1987, c. 413; 1988, c. 78; 1989, c. 727; 1997, c. 921.)

     

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