Virginia legislation · 2026 Regular Session
Virginia SB764: An Act to amend and reenact §§ 19.2-298.02 and 46.2-398, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to deferred disposition in a criminal case; license suspension; driving while under the influence.
Status: Vetoed, April 13, 2026
Deferred disposition in a criminal case; license suspension; driving while under the influence. Permits a trial court, with the agreement of the Commonwealth if the charge is ineligible for sealing, to suspend the driver's license of a defendant for a period of not less than 10 days nor more than six months when deferring disposition. The bill also allows a trial court to defer judgment for a violation of driving while intoxicated and require that the defendant participate in and successfully complete an alcohol safety action program and prohibit the defendant from operating a motor vehicle that is not equipped with an ignition interlock system. The bill excludes from its provisions any person with a commercial driver's license or commercial learner's permit or who was operating a commercial motor vehicle during the alleged violation.
What the bill says
From the introduced text, April 13, 2026:
(SB764) GOVERNOR'S VETO Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 764, which would significantly expand the use of deferred dispositions in criminal cases. The enrolled bill would permit the lessening or removal of penalties across a range of crimes. Senate Bill 764 removes key guardrails that help ensure consistency and fairness, and it pre-empts a Commonwealth's Attorney's ability to prosecute some cases. I am particularly concerned about the application of this bill to DUI offenses. Virginia has worked hard to reduce DUI-related crashes and fatalities, but impaired driving continues to take lives and devastate families across the Commonwealth. Virginia's criminal justice system must be fair, equitable, and focused on rehabilitation as well as accountability and public safety, and Senate Bill 764 undermines accountability and public safety. Accordingly, I veto this bill.
Sponsors
- (R, 7) · primary sponsor