Virginia statute
Va. Code Ann. § 18.2-268.4 — Trial and appeal for refusal
Current through 2026 Regular Session
Part of Article 2: Driving Motor Vehicle, Etc., While Intoxicated, Code of Virginia.
Full text of Va. Code Ann. § 18.2-268.4
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
A. Venue for the trial of the warrant or summons shall lie in the court of the county or city in which the offense of driving under the influence of intoxicants or other offense listed in subsection A or B of § 18.2-268.3 is to be tried.
B. The procedure for appeal and trial of any civil offense of § 18.2-268.3 shall be the same as provided by law for misdemeanors; if requested by either party on appeal to the circuit court, trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt.
C. If the defendant pleads guilty to a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, the court may dismiss the warrant or summons.
The court shall dispose of the defendant's license in accordance with the provisions of § 46.2-398 ; however, the defendant's license shall not be returned during any period of suspension imposed under § 46.2-391.2 .
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This reference is informational and is not legal advice.