DMV vs. Court-Ordered Driver’s License Suspension in Virginia
September 14, 2015 by Jean Humbrecht
This post focuses on the difference between DMV and court-ordered driver’s license suspension in Virginia. It discusses the reasons the DMV and court may each, independently, suspend a Virginia driver’s license. It also describes the ability to apply for a restricted license from both the DMV and the court.
Driver’s License Suspension in Virginia
Driver’s license suspension in Virginia can be ordered by the DMV or the court. A driver will remain suspended until he has complied with all of the terms of his suspension. These could include payment of fees and court costs, obtaining vehicle insurance, attending a driver improvement course, or completion of an in-person driver’s test, among many others.
A driver with a suspended license cannot drive in Virginia until his license is reinstated. The terms of reinstatement will vary based on each driver’s reason for suspension. Additionally, any driver whose license has been suspended in Virginia will have to pay a reinstatement fee.
A driver may be able to obtain a restricted license from the DMV or the court. A restricted license allows driving to work, school, medical appointments, and a few other specific places.
If someone is caught driving when his Virginia driver’s license has been suspended, he can be charged with driving on a suspended license. A Virginia driving on a suspended license charge is a crime-not a traffic infraction. It is punished by up to 12 months in jail, a fine up to $2500, and further driver’s license suspension.
DMV-Ordered Driver’s License Suspension in Virginia
There are a number of reasons why the DMV may suspend a Virginia driver’s license, including:
- failure to pay
Driver’s License Suspension in Virginia Can be Ordered by the Court or the DMV
- court costs and fines
- jail fees, or
- child support
- failure to comply with a DMV-ordered driver improvement clinic
- violating DMV probation
- accumulating too many demerit points from traffic offenses in a short amount of time
- failure to maintain car insurance
- failing to pay the uninsured motorist fee
- physical or mental impairment affecting driving ability, or
- failure to pay a judgement resulting from a car accident.
A Virginia driver can petition the DMV for a restricted driver’s license if the DMV suspended his license. However, there are strict limitations on the ability to receive restricted driving privileges after a DMV-ordered suspension. The DMV can ONLY issue a restricted license for a driver who was suspended for violating DMV probation. Additionally, only first and second offenders of DMV probation violations are even eligible to apply for a restricted license from the DMV.
For more information on DMV License Suspension in Virginia, click here.
Court-Ordered Driver’s License Suspension in Virginia
The penalty for many crimes in Virginia include a period of driver’s license suspension. Some of these crimes include alcohol offenses, drug offenses, and a number of traffic offenses.
- Alcohol Offenses: Convictions for alcohol offenses have mandatory periods of driver’s license suspension in Virginia. Some of these offenses include Driving Under the Influence of alcohol (DUI), Refusing to Submit to a Breathalyzer test, and Underage Possession of Alcohol.
- Drug Offenses: Most drug convictions will result in a period of driver’s license suspension in Virginia.
- Traffic Offenses: Traffic offenses that could result in driver’s license suspension in Virginia include Reckless Driving, Hit and Run, Eluding Police, Driving without a License, and Driving on a Suspended or Revoked License.
Virginia courts have discretion to grant driver’s with a suspended license in Virginia a restricted driver’s license. No one is entitled to a restricted license, but must petition the court. The court may or may not grant the request.
Some driver’s can petition the court immediately upon conviction for certain offenses. Others have to wait a certain amount of time before they can even REQUEST restricted driving privileges.
Drivers can petition the court for a restricted license immediately upon conviction of a DUI (1st offense), Reckless driving, Illegal Possession of Alcohol, Illegal Alcohol Consumption, and drug convictions.
A driver convicted of a 2nd DUI in 10 years must wait 4 months to apply for restricted driving privileges. If convicted of a 2nd DUI in 5 years, the driver must wait 12 months to apply. The driver must wait 3 years to apply for a restricted driver’s license if convicted of a 3rd DUI, DUI (maiming), Vehicular Manslaughter, Vehicular Manslaughter (relating to a DUI), or if the driver has been declared a Habitual Offender.
For more information on court-ordered driver’s license suspension, click here.
Penalties for Driving During A Period of License Suspension in Virginia
The penalty for driving without a license or driving on a suspended license in Virginia include further driver’s license suspension in Virginia, in addition to jail time and fines. A Virginia driver’s license can be suspended for an additional 90 days if convicted of driving without a license. A driver can have his Virginia license suspended for an additional 12 months if convicted of driving on a suspended license in Virginia. These suspension periods are consecutive. This means that a suspension resulting from a driving on suspended license conviction will not begin until the driver’s previous suspension period has ended.
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