Virginia Driver's License Suspensions

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When a driver is charged with driving with a suspended or revoked license, one of the most common questions is "Why was my license suspended?"

Who Can Suspend My Virginia Driver's License?

While there are many ways to lose your license there are only two organizations that can take away your privilege to drive in Virginia:

  • Criminal/Traffic Courts
  • Department of Motor Vehicles (DMV)

Your license may be suspended for committing any of the following offenses:

Failure to Pay Fines and Court Costs

The Courts in Virginia will suspend your license if you fail to pay fines and court costs in full within 15 days of your trial.

Certain Criminal Convictions

Virginia criminal and traffic courts have the authority to suspend or revoke driving privileges for anyone convicted of the offenses listed below. Some license suspensions are mandatory.

If a driver is convicted of certain serious criminal offenses and his license is not suspended by the court, the DMV may unilaterally suspend it. This typically happens when another state court convicts a Virginia driver for DUI.

  • DUI/DWI Va. Code § 18.2-271 (mandatory suspension)
  • Refusal To Submit to a Blood/Breath Test Va. Code § 18.2-268.3 (mandatory suspension)
  • Reckless Driving Va. Code § 46.2-392
  • Driving on a Suspended License Va. Code § 18.2-301
  • Driving on a Revoked License Va. Code § 18.2-272 (mandatory suspension)
  • Driving Without a Valid License Va. Code § 18.2-300
  • Leaving the Scene of an Accident Va. Code § 46.2-901
  • Failure to Report an Accident Va. Code § 46.2-901
  • Eluding Police Va. Code § 46.2-817 (mandatory suspension)
  • Underage Possession of Alcohol Va. Code § 4.1-305 (mandatory suspension)
  • Possession of any Controlled Substance Va. Code § 18.2-259.1(mandatory suspension)
  • Certain traffic infractions (for minors) Va. Code § 46.2-334.01

Arrest for DUI/DWI

If a person is arrested for his first DUI, then the magistrate will administratively suspend his license for seven days starting on the day of the arrest. A second DUI results in a 60-day administrative suspension and a third DUI results in an administrative suspension lasting until trial.

Failure to Pay Child Support

If a driver owes child support, the injured party can petition a family court judge to suspend that person's driver's license until child support payments have been made.

Failure to Pay Certain Civil Judgments

If the losing party in certain civil suits (usually ones involving car accidents) does not pay a court-ordered judgment, the injured party can petition the court to suspend that person driver's license until the payments are made.

Unexcused Absences from School (for Minors)

Va. Code 46.2-334.001 gives a judge the authority to suspend a minor's driver's license for having 10 or more consecutive unexcused absences from school.

Failure to Pay the License Reinstatement Fee

Any time your driver's license is suspended or revoked you must pay a $145 license reinstatement fee before you are allowed to drive again. If you do not pay the reinstatement fee, you are still suspended.

Excessive DMV Demerit Points

If an adult driver gets more than 18 demerit points in 12 months or 24 demerit points in 24 months, the DMV will automatically suspend the driver's license and require the driver to attend a driver improvement course.

Drivers under the age of 18 who receive more than two point violations will lose their license for one year or until they reach the age of 18, whichever is longer.

Violation of DMV Probation

If a driver is on DMV probation and is convicted of a point violation, that driver's license will be suspended by the DMV for the following amount of time: 45 days for a three-point violation, 60 days for a four-point violation, and 90 days for a six-point violation.

Failure to Take a DMV-Ordered Driver Improvement Course

If the Virginia DMV orders a driver to take a DMV driver improvement class and the driver does not take that course within 90 days, the driver's license will be suspended. The license will remain suspended until the driver takes the course and pays the reinstatement fee.

Mental or Physical Incapacity

If the DMV believes that a driver is not mentally or physically capable of safely operating a motor vehicle, the DMV will send a letter ordering the driver to produce extensive documentation of his mental and physical capabilities within a specific time period. Failure to produce such documentation will result in the revocation of the driver's license by the DMV.