License Suspension/ Revocation

t is a crime in Virginia for a person to drive after his license has been suspended.  A Virginia driving on suspended license charge is a misdemeanor (Va. Code §46.2-301).

Reasons A Driver’s License Could be Suspended in Virginia

There are a number of reasons that a driver’s license can be suspended in Virginia.   These include:

  • Failure to pay fines
  • Failure to pay court costs
  • Rapid DMV point accumulation
  • Driving in violation of a restricted license
  • convictions for certain offenses, including
    • DUI
    • reckless driving
    • drug convictions and
    • underage possession of alcohol.

A Virginia driver’s license will be suspended upon conviction of a DUI or refusal to take a breathalyzer test.  Driving during this suspension period will result in a charge under Va. Code §18.2-272.  This charge is different than the other Virginia driving on suspended license charge.  In addition to possible jail time and fines, the driver’s license will automatically be suspended for 12 months.  If convicted of this Virginia driving on suspended license charge, the driver CANNOT receive a restricted license during this suspension period.

The privilege to drive in Virginia will be revoked if someone is convicted under Va. Cod §18.2-272 two or more times in ten years.

third conviction in ten years for a violation of this statute is a Class 6 felony.

A Virginia driver can receive a driving on suspended license charge any time he drives during the suspension period.  Subsequent driving on suspended license convictions will lead to further license suspension.

Driving in Violation of Restricted License
Rapid DMV Point Accumulation

If a driver accumulates too many DMV demerit points in a certain amount of pain, the DMV will suspend his license (46.2-

Failure to Have Insurance or Pay Uninsured Motorist Fee
Penalty for Certain Criminal Charges
DUI-Related Suspension
DUI-Related Revocation
Driving After Being Declared An Habitual Offender

For more information on driving after being declared a habitual offender in Virginia, click here.

Proof of Virginia Driving on Suspended License Charge

To be convicted of a Virginia driving on suspended license charge under Va. Code §46.2-301, the Commonwealth must prove the offender drove a motor vehicle, his license was suspended or revoked, and he knew his license was suspended or revoked.

Drive a Motor Vehicle: The offender must drive a motor vehicle on a public highway to be convicted of a Virginia driving on suspended license charge.  A motor vehicle is defined in 46.2-100 as

His License was Suspended:

Knowledge That License was Suspended:  The clerk’s notice of suspension for failure to pay fines and costs can be used as proof of notice.  Statements by the driver that he knew he was suspended can also be used against him in court as notice that he was suspended.

Penalty for Virginia Driving on Suspended License Charge

A Virginia driving on suspended license charge is punished with jail, fines, driver’s license suspension, DMV demerit points, and possible vehicle impoundment.

A Virginia driving on suspended license charge is a Class 1 misdemeanor.  It is punished with up to 12 months in jail, a fine up to $2500.  Additionally, the offender’s driver’s  license will be suspended for the same amount of time as the original suspension.  If the original suspension was for an indefinite period, the driver’s license can be suspended for up to an additional 90 days.  This suspension period will not begin until the prior suspension period ends.  The DMV will also add 6 demerit points to the offender’s Virginia driving record if convicted of a Virginia driving on suspended license charge.

A third offense Virginia driving on suspended license charged is punished with a mandatory minimum of 10 days in jail that cannot be suspended.  The points will remain on the driver’s record for 11 years.

Can A Driver Convicted of A Virginia Driving on Suspended License Charge Get A Restricted License?

Virginia allows certain drivers to apply for a restricted driver’s license.  This restricted license will allow the person to drive to a very limited number of places and at specified times.  The driver must apply to the court and receive permission for a restricted license.  The court will allow a driver a restricted license to drive to:

  • work
  • during work hours if necessary for the job
  • Virginia ASAP
  • ignition interlock appointments
  • school
  • health care appointments
  • religious service
  • day care or school
  • court ordered child visitation
  • medical appointments
  • to and from court and
  • jail

It is very important to be as specific as possible when applying for the restricted license.  A driver can receive a driving on suspended charge for driving in violation of this restriction.

Virginia Driving on Suspended License Charges

Traffic courts take Virginia driving on suspended license charges seriously.  Penalties for a Virginia Driving on Suspended License charge include jail time, fines, further driver’s license suspension, driver’s license revocation, and DMV points.

Driving on a revoked license in Virginia (Va. Code §18.2-272) is a serious offense.  This charge is not merely a traffic infraction, but it is a crime, punished with up to 5 years in prison and further driver’s license revocation.  The offense can be a misdemeanor or a felony.

Reasons For A Driving on a Revoked License in Virginia Charge (Va. Code §18.2-272)

Driving on A Revoked License in Virginia under Va. Code §18.2-272 can be committed in 1 of 4 ways:

  • driving while the person’s license is revoked for DUI, Felony DUI, or Breathalyzer Refusal conviction (Va. Code §18.2-272(A))
  • driving with a Blood Alcohol Content (BAC) higher than .02 while revoked after a DUI conviction (Va. Code §18.2-272(B))
  • driving in violation of the terms of his restricted license issued after a DUI conviction (Va. Code §18.2-272(A)(iv))
  • driving without an Ignition Interlock installed which was required as a condition of a restricted license after a DUI conviction (Va. Code §18.2-272(C))
Driving While Revoked After DUI Conviction

Driver’s license revocation for 12 months is one of the mandatory punishments for anyone convicted of driving under  the influence of alcohol or drugs in Virginia (DUI).  Anyone convicted of a DUI or Breathalyzer Refusal that is caught driving during this 12 month period will be charged with driving on a revoked license in Virginia under Va. Code §18.2-272.

For more information on DUI convictions in Virginia, click here.  For more information on Breathalyzer Refusal convictions in Virginia, click here.

Driving in Violation of Restricted License

Driver’s convicted of a first or second offense DUI in Virginia are able to obtain a restricted license to allow them to drive to a limited number of places.  Driving outside of these restrictions in any way is a violation of the restricted license and will be charged as driving on a revoked license in Virginia under Va. Code §18.2-272 (Va. Code 18.2-271.1(E)).

For more information on a restricted license issued after a DUI conviction in Virginia, click here.

Driving with BAC Higher Than .02%

It is illegal for anyone to drive with a Blood Alcohol Content (BAC) higher than .02% if they are currently revoked because of a DUI conviction.  Driving with a BAC of .02% or higher is a violation of §18.2-272(B), driving on a revoked license.  If a police officer suspects that a driver may have a BAC higher than .02% and is currently revoked for a DUI, he is required under the implied consent law to take a breathalyzer or blood test if he is arrested within 3 hours of the offense and the offense occurred on a public highway.  An unreasonable refusal of this test will result in a charge of Breathalyzer or Blood Test Refusal under Va. Code §18.2-268.3.

For more information on the implied consent law in Virginia, click here.

Driving Vehicle Not Equipped with Ignition Interlock

When an offender is convicted of a DUI in Virginia, he may be eligible to obtain a restricted driver’s license.  However, he will be required to install an Ignition Interlock in his vehicle as a condition of a restricted license or of license restoration (Va. Code §18.2-270.1(B), Va. Code §46.2-391(C)(1)).  He is forbidden from driving or operating a motor vehicle that is not equipped with an Ignition Interlock device.  If he is caught driving a vehicle without an Ignition Interlock, he will be charged under Va. Code §18.2-272(C) and if convicted his license may be administratively revoked.

For more information on Ignition Interlock requirements in Virginia, click here.

For more information on a restricted license in Virginia after a DUI conviction, click here.

Proof of Driving on a Revoked License in Virginia After A DUI Conviction

To convict an offender or driving on a revoked license in Virginia under Va. Code §18.2-272, the Commonwealth must prove that the offender:

  • drove or operated
  • a motor vehicle
  • while he was revoked
Drove or Operated

Operation in Virginia means driving or being in actual physical control of a motor vehicle. Admissions to driving or testimony that a witness saw the offender driving or operating a motor vehicle can be introduced as proof of operation.

Motor Vehicle

A motor vehicle is defined in Va. Code §46.2-100 as “every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. Except as otherwise provided, for the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.”

While Revoked

The Commonwealth must prove that the driver’s privilege to operate a motor vehicle was revoked in order to convict someone of driving on a revoked license in Virginia under Va. Code §18.2-272.  Driving on a revoked license after the following convictions will result in a charge under Va. Code §18.2-272:

If the license revocation period for a DUI conviction has already passed, the driver cannot be convicted under Va. Code §18.2-272, but may be convicted of another offense relating to not being properly licensed.

The Commonwealth must prove that the driver’s license was actually revoked at the time of the offense to convict an offender of driving on a revoked license in Virginia under Va. Code §18.2-272.  The offender’s driving record is generally used as proof that the offender’s license was revoked in a prosecution for a Virginia driving on a revoked license charge.

Penalty for Driving on A Revoked License in Virginia After A DUI Conviction

Driving on a revoked license in Virginia after a DUI conviction under §18.2-272 is punished with jail, fines, license revocation, DMV points, and vehicle impoundment.

Jail

Driving on a revoked license in Virginia after a DUI conviction is a Class 1 misdemeanor and is punished with up to 12 months in jail.  Second and subsequent offenses are punished with a mandatory minimum, active sentence of 10 days.  A third offense driving on a revoked license charge in Virginia in 10 years is a felony punished with up to 5 years in prison.

Fines

Driving on a revoked license in Virginia after a DUI conviction under Va. Code §18.2-272 is punished with a fine up to $2500.

Driver’s License Revocation

If a driver is convicted of driving on a revoked license in Virginia under Va. Code §18.2-272, his driver’s license will be administratively revoked for 12 months and he cannot obtain a restricted license (Va. Code §46.2-389).  Second and subsequent offenses in 10 years will result in an automatic 3 year license revocation (Va. Code §46.2-391).

DMV Points

The DMV will add 6 demerit points to the offender’s driving record if he is convicted of driving on a revoked license in Virginia under Va. Code §18.2-272.

Vehicle Impoundment

The vehicle that the offender was driving at the time of the offense may be administratively impounded for 30 days.  Additionally, the vehicle may be impounded for an additional period up to 90 days if he is convicted of driving on a revoked license in Virginia under Va. Code §18.2-272 (Va. Code §46.2-301(A)).  This penalty applies only if the offender was the sole owner of the vehicle.  If the vehicle being driven at the time of the offense was not owned by the offender, it will not be impounded.

However, the court may impound any vehicle solely owned by the offender at the time of the arrest when he is convicted of a Virginia driving on a revoked license charge under Va. Code §18.2-272 (Va. Code §46.2-301(A)).  This additional impoundment period is NOT mandatory, but is up to the discretion of the judge.

For more information on vehicle impoundment in Virginia after a DUI arrest and conviction, click here.

Second Offense Driving on A Revoked License in Virginia After A DUI Conviction 10 Years

A driver convicted of a second offense driving on a revoked license in Virginia in 10 years is punished with a mandatory minimum of 10 days in jail and his license will be revoked for 3 years (Va. Code §46.2-391).

If the offender drove in a way that endangered life, limb or property, the offense becomes a felony, punished with up to 5 years in prison (Va. Code §46.2-391(D)(2)).  A second offense will also be a felony if the offender was not driving in a way that endangered life, limb or property but drove in violation of DUI, DUI Maiming, DUI Involuntary Manslaughter, Commercial Driver DUI, if the person was previously convicted of one of those offenses (Va. Code §46.2-391(D)(2)).

Third or Subsequent Driving on Revoked License in Virginia After A DUI Convictiton in 10 Years

A third offense of driving on a revoked license after a DUI conviction in 10 years in Virginia is a Class 6 felony, punished with up to 5 years in prison, with a mandatory minimum of 10 days.  Additionally, the driver’s license will be revoked for an additional 3 years

 

 

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