The Virginia General Assembly has taken action to refine the state’s laws on juvenile driving privileges through the passage of House Bill 123 during the 2026 regular session. This legislation amends and reenacts Section 16.1-278.9 of the Code of Virginia, which deals with delinquent children and the loss of driving privileges associated with alcohol, firearm, and drug offenses as well as truancy.
According to the bill’s provisions, courts are now granted discretion in ordering the denial of a child’s driving privileges specifically in cases where the child has failed to comply with school attendance and meeting requirements as outlined in the relevant statutes. This represents a shift from the previous requirement that courts mandatorily order such denial in truancy situations.
In addition, the bill requires that when a court does order the denial of driving privileges, the affected child must surrender his driver’s license to the court. The license is to remain in the physical custody of the court throughout the period of the denial. This requirement applies whenever the denial is imposed under the section.
The underlying code section specifies a comprehensive list of offenses that trigger the potential for license denial. These include violations of driving while intoxicated laws or similar local ordinances, refusal to take a breath test in violation of applicable statutes, felony violations involving controlled substances or certain chapters of the code related to alcohol or drugs, misdemeanor violations in the same categories, the unlawful purchase, possession, or consumption of alcohol, the unlawful drinking or possession of alcoholic beverages on public school grounds, public intoxication, the unlawful use or possession of a handgun or a streetsweeper shotgun, and violations of Section 18.2-83.
For many of these offenses, the denial period is specified in detail. For instance, in cases involving a first offense of DUI or related violations, the denial is for a period of one year or until the juvenile reaches the age of 17, whichever is longer. For a second or subsequent such offense, it extends to one year or until the juvenile reaches the age of 18, whichever is longer.
If the offense involves transporting a person who is 17 years of age or younger during a DUI violation, the court must impose an additional fine and order community service as per the relevant code section.
For offenses involving felony or certain misdemeanor drug or alcohol violations, the court must impose the license sanction and dispose of the delinquency charge according to specific provisions, sometimes allowing deferral for first-time alcohol violations.
For handgun or streetsweeper possession, the denial is for a period of not less than 30 days, with an extension to two years for possession of concealed handguns or specific types of shotguns like the striker 12 or semi-automatic folding stock shotguns with drum magazines. For children under 16 years and three months, the application for a license may be delayed by the corresponding period after reaching that age.
The bill ensures these strict measures remain in place for the criminal and safety-related offenses while providing flexibility for the truancy aspect.
This bill was introduced as a recommendation from the Committee on District Courts and is identical to Senate Bill 146.
During the 2026 session, the bill underwent review in committees, received reports, and was passed by both the House of Delegates and the Senate. It was subsequently approved and enacted.
The legislation provides Virginia courts with an updated framework for addressing delinquent behavior in minors by linking certain actions to restrictions on driving privileges. For offenses that involve alcohol, drugs, or firearms, the court continues to have the authority to deny driving privileges as a means of accountability. For school attendance issues, the discretion allows the court to tailor its response based on the facts of each case.
The requirement for license surrender adds a layer of enforcement to guarantee that the denial is effective and prevents circumvention of the court’s order.
This approach to juvenile justice emphasizes the importance of compliance with laws designed to protect public safety and promote order, particularly in areas involving youth and potential risks from substance use or weapons. It also acknowledges variations in cases involving school requirements by not imposing a blanket mandatory penalty.
The detailed structure of the code section, as amended, offers clear directives for judges, prosecutors, and law enforcement in handling these matters consistently across the state.
By enacting this measure, the General Assembly has updated a key component of the juvenile code to better serve the needs of the Commonwealth in managing delinquent children cases.
