Administrative License Suspension in Virginia
January 22, 2017 by Jean Humbrecht
An administrative license suspension in Virginia (Va. Code §46.2-391.2) is different from a license suspension or revocation that occurs after a driver is convicted of a crime. An administrative license suspension in Virginia occurs immediately after a driver is charged with Driving Under the Influence (Va. Code §18.2-266, Va. Code §18.2-266.1, Va. Code §18.2-51.4) or refusing to take a breath or blood test (Va. Code §18.2-268.3). This suspension period is in addition to any suspension period resulting from a conviction of the charge and the driver cannot have a restricted license at all during this suspension period.
For more information on Driving Under the Influence (DUI) charges in Virginia, click here. For more information on refusal charges in Virginia, click here. For more information on the breathalyzer test in Virginia, click here. For more information on blood tests in Virginia after DUI arrests, click here.
What is an Administrative License Suspension in Virginia?
After a driver is arrested for DUI or charged with refusal of a breath or blood test, his driver’s license will be immediately suspended. This is called an administrative license suspension. The arresting officer will physically take the driver’s license, provide a notice of suspension to the driver, and give the license to the magistrate along with a report outlining the officer’s reasoning for charging the driver with DUI or Refusal. The magistrate will then send the license to the clerk of the court in which the charge is pending. The clerk will return the license to the driver after the administrative license suspension period is over.
If the driver’s license is already suspended, if the driver is not licensed, or if he is licensed out of state, his privilege to operate a motor vehicle in Virginia will be administratively suspended.
When Will A Driver’s License be Administratively Suspended in Virginia?
A driver’s license will automatically be administratively suspended in Virginia after he is arrested for or charged with:
- DUI (Va. Code §18.2-266)
- Underage DUI (Va. Code §18.2-266.1)
- DUI Maiming (Va. Code §18.2-51.4)
- Refusal of a Breath or Blood Test (Va. Code §18.2-268.3)
How Long will the Administrative License Suspension in Virginia Last?
The administrative license suspension in Virginia lasts 7 days if the DUI or refusal is the driver’s first offense. If he is charged with a second offense, the suspension last for 60 days or until the day of trial, whichever occurs first. If the charge is a third offense, the administrative suspension lasts until the day of trial (Va. Code §46.2-391.2(A)).
Can A Driver Challenge the Administrative License Suspension in Virginia?
A driver whose license has been administratively suspended can petition the court for a review to rescind the administrative suspension (Va. Code §46.2-391.2(C)). If the driver proves by a preponderance of the evidence that the police officer did not have probable cause to arrest him or the magistrate did not have probable cause to issue the warrant or petition, the court will rescind the license suspension. If the driver can prove by a preponderance of the evidence that there was no probable cause to charge a second offense, the court will rescind the period of suspension that exceeds seven days. If the driver proves by a preponderance of the evidence that there was no probable cause to charge a third or subsequent offense, the court will rescind the period of suspension that exceeds 60 days. After the suspension has been rescinded, the driver’s license will be returned to him.
If the driver petitions for review of his administrative license suspension in Virginia, the Preliminary Breath Test (PBT) results can come in to establish probable cause for the arrest. However, anything that occurs at this hearing will not be used against the driver in any future proceeding.
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