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Driver’s License Suspension

PROVEN VIRGINIA DRIVER'S LICENSE SUSPENSION ATTORNEY READY TO ASSIST YOU

If your Virginia driver's license has been suspended or revoked, the consequences can affect almost every part of your life. Losing your driving privileges can impact your employment, education, medical care, child care responsibilities, and daily routine. At Bounds & Bounds, PLLC, we represent individuals throughout Virginia facing driver's license suspensions, revocations, DUI/DWI charges, reckless driving allegations, driving-while-suspended offenses, and other serious traffic matters.

If your license has already been pulled and you need to start the process of getting it back, see our companion page on driver's license restoration.

Our attorneys regularly appear in Virginia traffic and criminal courts and understand how both the courts and the Virginia Department of Motor Vehicles (DMV) handle license suspension cases.

JUDICIAL VS. ADMINISTRATIVE LICENSE SUSPENSIONS IN VIRGINIA

A Virginia driver's license may be suspended either by a court (judicial suspension) or by the DMV (administrative suspension). Each pathway has its own rules about whether a restricted license is available.

A court may suspend a driver's license after convictions for offenses such as:

  • Reckless driving — under Va. Code § 46.2-393, 60 days to 6 months
  • DUI/DWI — license forfeiture under Va. Code § 18.2-271
  • Driving while suspended — Va. Code § 46.2-301
  • Hit and run
  • Eluding police
  • Certain drug offenses and other serious traffic-related charges

The DMV may also act on its own:

  • Pre-trial administrative suspension after a DUI arrest — typically 7 days for a first offense under Va. Code § 46.2-391.2, with longer suspensions for subsequent offenses or test refusals.
  • Demerit point suspensions — imposed under Va. Code § 46.2-506 when point thresholds are exceeded (see below).
  • Suspensions following a probation violation.

A NOTE ON UNPAID COURT FINES AND COSTS

Under prior law, Virginia courts could suspend a driver's license for unpaid court fines and costs more than 30 days past due. That practice ended on July 1, 2019, and the underlying statute — former Va. Code § 46.2-395 — was repealed in 2020. Today:

  • A Virginia court cannot suspend your license solely for unpaid court fines or costs.
  • The DMV has administratively cleared suspensions previously imposed for that reason alone.
  • If you believe you are still being treated as suspended because of an old fines-and-costs issue, contact us — we can help you confirm your status with the DMV.

VIRGINIA DMV DEMERIT POINT SUSPENSIONS

Virginia uses a demerit point system to monitor driving behavior and identify drivers who may present a risk on the road. Certain traffic convictions add demerit points to a driver's DMV record, and excessive points can result in mandatory driver improvement requirements or license suspension.

For drivers age 18 and older:

  • 8 demerit points within 12 months, or 12 points within 24 months — DMV advisory letter.
  • 12 demerit points within 12 months, or 18 points within 24 months — required completion of a driver improvement clinic within 90 days.
  • 18 demerit points within 12 months, or 24 points within 24 months — mandatory 90-day driver's license suspension.

Drivers must satisfy all DMV requirements before driving privileges can be reinstated. Following reinstatement, the driver is typically placed on a six-month probationary period through the DMV Driver Improvement Program. Demerit points themselves remain valid for two years from the date of the offense.

DRIVERS ON DMV PROBATION

If you are convicted of a moving violation while on DMV probation, the suspension scales to the point value of the new offense:

  • 3-point violation — 45-day suspension.
  • 4-point violation — 60-day suspension.
  • 6-point violation — 90-day suspension.

Once the suspension is served, the driver is placed on probation for another six months. If the conviction occurred during the driver's first probation period, the driver can request a restricted license from the DMV. For a second or subsequent probation violation, restricted privileges are available only if the probationary period was immediately preceded by an 18-month control period — a window during which the DMV monitors the driving record. Picking up demerit points during the control period places the driver back on six months' probation; completing it without further demerit-point convictions removes the driver from the Driver Improvement Program.

JUVENILE DRIVER SUSPENSION RULES

Virginia imposes stricter penalties on drivers under the age of 18. Multiple traffic convictions can quickly result in license suspensions, mandatory driver improvement requirements, and extended probationary periods.

First demerit conviction — required attendance at a driver improvement clinic. Failure to complete the clinic can result in a 90-day license suspension.

Second demerit conviction — 90-day license suspension.

Third or subsequent demerit conviction — license revocation for at least one year or until the driver turns 18, whichever is longer.

Because a juvenile suspension can affect school attendance, employment opportunities, and insurance costs, it is important to address these matters promptly and strategically.

RESTRICTED DRIVER'S LICENSES IN VIRGINIA

In some situations, a Virginia court may issue a restricted driver's license that allows limited driving privileges for approved purposes. For DUI/DWI cases, restricted licenses are governed by Va. Code § 18.2-271.1; for reckless driving cases, by Va. Code § 46.2-393; and other restricted-license authorities apply to other situations.

A restricted license may authorize travel for purposes such as:

  • Employment
  • School or educational programs
  • Medical appointments
  • Child care obligations
  • Court-ordered programs, including VASAP
  • Religious services

Restricted licenses are not available in every case. Notably:

  • A conviction under § 46.2-301 (driving while suspended) does not allow the court to grant a restricted license.
  • A DMV demerit-point suspension generally does not allow restricted privileges.

Violating the terms of a restricted license can result in:

  • A one-year DMV revocation of driving privileges.
  • No eligibility for a restricted license during that one-year period.
  • Possible additional jail time at the court's discretion.

Any question about whether a particular trip is covered should be raised with your attorney before you drive.

RECKLESS DRIVING AND LICENSE SUSPENSIONS

Reckless driving is a serious criminal offense in Virginia. Under Va. Code § 46.2-852, it includes operating a vehicle in a manner that endangers life, limb or property; under Va. Code § 46.2-862, it includes excessive speed. Aggressive driving is a separate offense under Va. Code § 46.2-868.1.

Under Va. Code § 46.2-868, reckless driving is generally charged as a Class 1 misdemeanor and may result in:

  • Up to 12 months in jail
  • A fine of up to $2,500
  • Six DMV demerit points
  • A permanent criminal record
  • License suspension of 60 days to 6 months under § 46.2-393

Certain aggravated reckless-driving offenses (for example, driving in excess of 100 miles per hour under § 46.2-862) can be charged as a Class 6 felony, with substantially greater exposure.

Because reckless driving is a criminal offense rather than a simple traffic infraction, the consequences can be severe even for first-time offenders. At Bounds & Bounds, PLLC, we work to minimize the impact of these charges whenever possible — pursuing dismissals, reductions or restricted-license options where appropriate.

DRIVING WHILE SUSPENDED IN VIRGINIA

Driving on a suspended or revoked license is a separate criminal offense under Va. Code § 46.2-301. It is a Class 1 misdemeanor, and a conviction may result in:

  • Up to 12 months in jail and a fine of up to $2,500
  • An additional license suspension equal in length to your prior suspension (or up to an additional 90 days where the prior suspension was indefinite)
  • A mandatory minimum 10-day jail sentence for a third or subsequent offense within 10 years
  • Additional restrictions on future driving privileges

In certain DUI-related situations — specifically, where the underlying license forfeiture was imposed under § 18.2-271 — Va. Code § 18.2-272 (driving after forfeiture of license) may also apply and can add penalties on top of those under § 46.2-301.

If you have been charged with driving while suspended, it is important to determine why the suspension occurred, whether it was legally valid, and whether reinstatement or a restricted license is available. In many cases, getting the underlying suspension resolved before your court date can lead to a meaningful reduction of the charge. See our driver's license restoration page for more on this.

HOW BOUNDS & BOUNDS, PLLC CAN HELP

Every driver's license suspension case is different. The consequences often depend on:

  • The underlying traffic or criminal offense
  • Prior driving history
  • DMV demerit point accumulation
  • Eligibility for restricted privileges
  • Compliance with court and DMV requirements

At Bounds & Bounds, PLLC, we help clients understand their legal options and pursue practical solutions designed to protect their driving privileges whenever possible. Our attorneys regularly handle reckless driving, speeding, DUI/DWI, driving while suspended and other traffic-related matters throughout Virginia.

SPEAK WITH A VIRGINIA DRIVER'S LICENSE SUSPENSION ATTORNEY

If your Virginia driver's license has been suspended, revoked, or placed at risk because of a traffic or criminal charge, contact Bounds & Bounds, PLLC today to discuss your situation. Call 804-441-2101 to schedule a consultation. We represent clients throughout Virginia.