2006 Code of Virginia § 46.2-341.18:1 - Disqualification for certain alcohol-related offenses committed in other jurisdictions whose laws p...

46.2-341.18:1. Disqualification for certain alcohol-related offensescommitted in other jurisdictions whose laws provide for disqualification forsuch offenses without a conviction.

A. Notwithstanding the provisions of 46.2-341.18 that require theCommissioner act to disqualify only on the basis of conviction records forcertain offenses committed while operating a commercial motor vehicle, theCommissioner shall also act to disqualify, as provided in 46.2-341.18,where he has received a record from another jurisdiction indicating that aVirginia licensee has been disqualified in that jurisdiction, solely as aresult of his violation in that jurisdiction, of either of the two offenseslisted in subdivisions 1 and 2, committed while operating a commercial motorvehicle, even though the disqualification was imposed as the result of anadministrative or civil action and there was no court proceeding that couldresult in a conviction for such offense. The two offenses for which suchaction shall be taken are:

1. Operation of a commercial motor vehicle with a blood alcohol content of0.04 percent or more, or

2. Refusal to submit to a chemical test to determine the alcohol or drugcontent of blood or breath of the operator of a commercial motor vehicleunder the implied consent laws of that jurisdiction.

B. The Commissioner shall treat such a record of disqualification as thoughit were a conviction record from that jurisdiction under a law substantiallysimilar to subsection B of 46.2-341.24 or 46.2-341.26:4, respectively,for purposes of implementing the disqualification provisions of 46.2-341.18. Such treatment as a conviction for purposes of 46.2-341.18shall be applicable only if the disqualification action is final andunappealable or has been appealed and the appeal dismissed or the actionaffirmed and no further appeals are possible under the laws of thejurisdiction wherein the offense was committed, and only if thedisqualification period imposed by that jurisdiction is at least as long asthe periods set out in 46.2-341.18 for such an offense. If the Commissionerreceives notice from a jurisdiction that a Virginia licensee has been subjectto an administrative action or civil judgment resulting from a violation ofsubdivision A 1 or A 2, committed while operating a commercial motor vehicle,the Commissioner shall treat such notice as a conviction for the purposes ofthis article.

C. In no case shall the Commissioner act more than once to disqualify aVirginia licensee for any single violation committed in another jurisdiction,even though such violation may be reported by that jurisdiction as both anadministrative or civil disqualification action and as a conviction from acourt in that jurisdiction. Moreover, the Commissioner shall rescind adisqualification imposed pursuant to this section if the disqualification hasbeen vacated or rescinded by the other jurisdiction as a result of thelicensee's acquittal in the court proceedings, or the dismissal of thoseproceedings, in that jurisdiction.

(2002, c. 724; 2005, c. 513.)