A. Any person who drives or operates any motor vehicle, engine or train in the Commonwealth during the time for which he was deprived of the right to do so (i) upon conviction of a violation of § 18.2-268.3 or an offense outlined in subsection E of § 18.2-270, (ii) by § 18.2-271 or 46.2-391.2, (iii) after his license has been revoked according to § 46.2-389 or 46.2-391, or (iv) in violation of the terms of a restricted license issued according to subsection E of § 18.2-271.1, is guilty of a Class 1 misdemeanor except as otherwise provided in § 46.2-391, and is subject to the administrative revocation of his driver’s license under §§ 46.2-389 and 46.2-391. In addition, any person convicted of three violations of this section committed within ten years is guilty of a Class 6 felony.
Nothing in this section or § 18.2-266, 18.2-270, or 18.2-271 shall be construed as conflicting with or repealing any ordinance or resolution of any city, town, or county which restricts still further the right of persons to drive or operate any vehicle or conveyance.
B. Regardless of compliance with any other restrictions on the privilege to drive or operate a motor vehicle, it is a violation of this section for any person whose right to go or work a motor vehicle has been restricted, suspended, or revoked. This violation is due to breaching § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-268.3, 46.2-341.24, or a similar ordinance of another state in the United States to operate any motor vehicle. In contrast, he has a blood alcohol content of 0.02 percent or more.
Any person suspected of violating this subsection shall be entitled to a preliminary breath test per the provisions of § 18.2-267. These provisions shall be deemed as giving his implied consent to have samples of blood, breath, or both taken for analysis under the provisions of § 18.2-268.2. In addition, when charged with a violation of this subsection, shall be subject to the conditions of §§ 18.2-268.1 through 18.2-268.12.
C. Any person who drives or operates a motor vehicle without a certified ignition interlock system as required by § 46.2-391.01 is guilty of a Class 1 misdemeanor and is subject to the administrative revocation of his driver’s license under §§46.2-389 and 46.2-391.
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