Deferred Disposition for DUI Cases

State Bills: Virginia

Published March 30th, 2026

Detected April 2nd, 2026

Summary

Virginia SB764 allows trial courts to defer judgment for driving while intoxicated violations, requiring defendants to complete an alcohol safety action program and install an ignition interlock system. The bill permits courts to suspend defendants' driver's licenses when deferring disposition for motor vehicle or watercraft offenses. Commercial driver's license holders and commercial vehicle operators are excluded from these provisions.

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What changed

Virginia SB764 creates a deferred disposition pathway for DUI cases. Trial courts may now defer judgment for driving while intoxicated violations and suspend defendants' driver's licenses for offenses involving motor vehicles or watercraft. When deferring disposition, courts can require defendants to participate in and successfully complete an alcohol safety action program and prohibit operation of vehicles not equipped with ignition interlock systems. The bill explicitly excludes persons holding a commercial driver's license or commercial learner's permit, as well as those operating commercial motor vehicles during the alleged violation.

Defendants facing DUI charges in Virginia now have a potential alternative to immediate conviction through deferred judgment. Defense attorneys should advise eligible clients on program requirements including alcohol safety action program participation and ignition interlock installation. Courts will have expanded discretion in managing DUI cases. The bill applies only to non-commercial drivers; those with CDL or operating commercial vehicles remain subject to standard DUI procedures.

What to do next

Identify whether DUI clients qualify under the new deferred disposition framework (non-commercial drivers)
Advise eligible defendants on alcohol safety action program requirements and ignition interlock obligations
Review court procedures for license suspension during deferred disposition

Source document (simplified)

ChangeBridge / Virginia / SB764 Signed by Governor SB764 Senate Bill Signed by Governor 2026-03-30

Defendant; deferred disposition in a criminal case, license suspension.

Deferred disposition in a criminal case; license suspension; driving while under the influence. Permits a trial court, for any offense based on the operation of a motor vehicle or a watercraft for which suspension of a driver's license is also required, to suspend the driver's license of a defendant 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.

Bill Details

State Virginia

Session 2026 Regular Regular Session

Chamber Senate

Official Source lis.virginia.gov/bill-details/20261/SB764

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Action History

2026-03-31 H Signed by Speaker 2026-03-31 Governor's Action Deadline 11:59 p.m., April 13, 2026 2026-03-31 S Enrolled Bill communicated to Governor on March 31, 2026 2026-03-31 S Fiscal Impact Statement from Department of Planning and Budget (SB764) 2026-03-30 S Signed by President 2026-03-30 S Bill text as passed Senate and House (SB764ER) 2026-03-30 S Enrolled 2026-03-16 S Fiscal Impact Statement from Department of Planning and Budget (SB764) 2026-03-14 S Conference report agreed to by Senate (27-Y 11-N 0-A) 2026-03-14 H Conference report agreed to by House (62-Y 34-N 0-A) 2026-03-14 Conference Report released 2026-03-12 H House Conferees: Simon, Cousins, Williams 2026-03-12 H Conferees appointed by House 2026-03-12 S Senate Conferees: Stanley, Surovell, Deeds 2026-03-12 S Conferees appointed by Senate 2026-03-12 S Senate acceded to request Block Vote (40-Y 0-N 0-A) 2026-03-11 H House requested conference committee 2026-03-11 H House insisted on amendments 2026-03-10 S House Amendment rejected by Senate (0-Y 40-N 0-A) 2026-03-09 H Passed House with amendment (61-Y 35-N 0-A) 2026-03-09 H Engrossed by House as amended 2026-03-09 H Delegate Kilgore Floor amendment passed by (62-Y 35-N 0-A) 2026-03-09 H committee amendment agreed to 2026-03-09 H Read third time 2026-03-06 H Passed by for the day 2026-03-06 H Floor offered Delegate Kilgore Amendment 2026-03-05 H Passed by for the day 2026-03-04 H Passed by for the day 2026-03-04 H Moved from Uncontested Calendar to Regular Calendar 2026-03-03 H Read second time 2026-03-02 H Reported from Courts of Justice with amendment(s) (22-Y 0-N) 2026-02-27 H Subcommittee recommends reporting with amendment(s) (10-Y 0-N) 2026-02-27 H House subcommittee offered 2026-02-24 H Assigned HCJ sub: Criminal 2026-02-24 H Referred to Committee for Courts of Justice 2026-02-24 H Read first time 2026-02-24 H Placed on Calendar 2026-02-23 S Fiscal Impact Statement from Department of Planning and Budget (SB764) 2026-02-17 S Read third time and passed Senate (37-Y 2-N 0-A) 2026-02-17 S Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A) 2026-02-17 S Rules suspended 2026-02-17 S Engrossed by Senate as amended (Voice Vote) 2026-02-17 S Senator Surovell Amendment agreed to 2026-02-17 S Reading of amendment waived (Voice Vote) 2026-02-17 S Courts of Justice Amendment agreed to 2026-02-17 S Read second time 2026-02-16 S Passed by for the day Block Vote (Voice Vote) 2026-02-16 S Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A) 2026-02-16 S Rules suspended 2026-02-16 S Reported from Courts of Justice with amendments 2026-02-16 S Senate committee offered 2026-02-09 S Fiscal Impact Statement from Department of Planning and Budget (SB764) 2026-01-21 S Referred to Committee for Courts of Justice 2026-01-21 S Presented and ordered printed 26105584D

Votes

2026-02-16 Reported from Courts of Justice with amendments (13-Y 2-N) Yea: 13 Nay: 2 2026-02-16 Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A) Yea: 39 Nay: 0 2026-02-17 Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A) Yea: 39 Nay: 0 2026-02-17 Read third time and passed Senate (37-Y 2-N 0-A) Yea: 37 Nay: 2 2026-02-27 Subcommittee recommends reporting with amendment(s) (10-Y 0-N) Yea: 10 Nay: 0 2026-03-02 Reported from Courts of Justice with amendment(s) (22-Y 0-N) Yea: 22 Nay: 0 2026-03-09 Delegate Kilgore Floor amendment passed by (62-Y 35-N 0-A) Yea: 62 Nay: 35 2026-03-09 Passed House with amendment (61-Y 35-N 0-A) Yea: 61 Nay: 35 2026-03-10 House amendment agreed to by Senate (0-Y 40-N 0-A) Yea: 0 Nay: 40 2026-03-12 Senate acceded to request Block Vote (40-Y 0-N 0-A) Yea: 40 Nay: 0 2026-03-14 Conference report agreed to by House (62-Y 34-N 0-A) Yea: 62 Nay: 34 2026-03-14 Conference report agreed to by Senate (27-Y 11-N 0-A) Yea: 27 Nay: 11

Committee Referrals

2026-01-21 S Courts of Justice 2026-02-24 H Courts of Justice 2026-02-24 H Courts of Justice: Criminal

Amendments

0000-00-00 Courts of Justice Amendment 0000-00-00 Courts of Justice Amendment 0000-00-00 Senator Surovell Amendment 0000-00-00 Courts of Justice Amendment 0000-00-00 Criminal Subcommittee Amendment 0000-00-00 Courts of Justice Amendment 0000-00-00 Delegate Kilgore Amendment 0000-00-00 House Amendment

Bill Text Versions

2026-01-21 Introduced 2026-02-17 Engrossed 2026-03-14 Comm Sub 2026-03-30 Enrolled Legislative data powered by LegiScan (CC BY 4.0)

Named provisions

Deferred disposition in criminal cases License suspension provisions Driving while intoxicated deferred judgment Alcohol safety action program requirements Ignition interlock system provisions Commercial driver exclusions