Driving on Suspended or Revoked License

A Virginia driving on suspended or revoked license charge (Va. Code §46.2-301) is a crime.  A Virginia driving on suspended or revoked license charge is taken seriously by the court and very often results in jail time.

Reasons A Driver’s License Could be Suspended or Revoked in Virginia

A driver’s license can be suspended or revoked in Virginia by the court, the DMV, or the Department of Social Services.  If a driver is suspended or revoked in another state, he must comply with that state’s requirements and get reinstated in the other state before obtaining a Virginia driver’s license.  Driving in violation of any of these suspensions or revocations can result in a Virginia driving on suspended or revoked license charge under Va. Code §46.2-301.

Driver’s License Suspension in Virginia

Driver’s license suspension in Virginia is a temporary withdrawal of a person’s privilege to operate a motor vehicle in Virginia.  There are a number of reasons that a driver’s license can be suspended in Virginia, including:

  • Failure to pay tickets, fines and court costs
  • Failure to maintain proper insurance or pay the uninsured motorist fee
  • Rapid DMV point accumulation
  • Failing to pay child support
  • Failing to complete a required driver improvement clinic
  • Failure to pay any jail fees
  • Failing to pay a judgment from a motor vehicle crash
  • Providing alcohol to a minor or intoxicated person
  • A physical or mental condition that impairs a person’s ability to safely operate a motor vehicle
  • Convictions for motor vehicle violations, including
    • DUI
    • Reckless Driving
    • Hit and Run
    • Eluding a Police Officer
    • Driving on a Suspended or Revoked License
  • Convictions for non-motor vehicle violations, including underage possession of alcohol
Driver’s License Revocation in Virginia

Driver’s license revocation in Virginia is the termination of a person’s privilege to operate a motor vehicle in Virginia.  A driver’s license may be revoked in Virginia for:

Virginia driving on suspended or revoked license

  • Taking a driver’s license test for another person
  • Appearing for another person to renew his or her license
  • Providing false information to obtain a driver’s license
  • Making bomb threats
  • Three (3) demerit point convictions committed by an offender while under the age of 18
  • Motor vehicle convictions, including
    • DUI or DWI
    • Driving while Suspended or Revoked as a result of driving under the influence of alcohol or drugs
    • Voluntary or Involuntary Manslaughter while driving a motor vehicle
    • Hit and Run
    • Felony violations committed using a motor vehicle, and
  • Non-motor vehicle related drug convictions
DUI-Related Driver’s License Revocation

If a driver is revoked for a DUI-related offense and is caught driving or operating a motor vehicle during his revocation period, he will be charged with driving on a revoked license under Va. Code §18.2-272 and not driving on a suspended or revoked license under Va. Code §46.2-301.  Both of these charges are Class 1 misdemeanors, and both result in 12 months of driver’s license suspension.  However, if an offender is convicted of driving on a revoked license under Va. Code §18.2-272, he cannot obtain a restricted driver’s license at all during the revocation period.  Additionally, a third offense driving on a revoked license (DUI related) under Va. Code §18.2-272 is a Class 6 felony, punished with up to 5 years in prison.  A third offense driving on a suspended or revoked license under Va. Code §46.2-301 is a misdemeanor punished with a mandatory minimum of 10 days in jail.

For more information on DUI-related driving on revoked license charges in Virginia, click here.

For more information on the reasons a driver’s license could be suspended or revoked in Virginia, click here.

Proof of Virginia Driving on Suspended or Revoked License Charge

To be convicted of a Virginia driving on suspended or revoked 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

Virginia driving on suspended or revoked licenseThe 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 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.”

Highway is defined in Va. Code §46.2-100 as “the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated “highways” by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.”

The Driver’s License was Suspended or Revoked

The Commonwealth must prove that the driver’s license was actually suspended or revoked.  The offender’s driving record is generally used as proof that the offender’s license was suspended or revoked in a prosecution for a Virginia driving on suspended or revoked license charge under Va. Code §46.2-301.

Knowledge That License was Suspended or Revoked

The Commonwealth must also prove that the offender had knowledge that his license was suspended or revoked to convict an offender of a Virginia driving on suspended or revoked license charge under Va. Code §46.2-301.  The clerk’s notice of suspension for failure to pay fines and costs can be used as proof of notice (Va. Code §46.2-395(C), Va. Code §46.2-301(B)).  There is also a rebuttable presumption that the driver received notice of the suspension when the DMV sent him notice by certified mail.  This is usually indicated on the offender’s Virginia driving record.  Statements by the driver that he knew he was suspended can also be used against him in court as notice that he was suspended.

Vehicle Impoundment When Arrested

A driver’s vehicle may be impounded when he is charged with Virginia driving on suspended or revoked license under Va. Code §46.2-301, depending on the original reason for his license suspension.  The vehicle the offender was driving at the time of the offense can be impounded for up to 30 days (Va. Code §46.2-301.1(A)) if the driver’s license was previously suspended for:

  • DUI (Va. Code §18.2-266), DUI Maiming (Va. Code §18.2-51.4), or Commercial Driver DUI (Va. Code §46.2-341.24)
  • Driving after being declared an habitual offender (based on an alcohol-related offense), or
  • Breathalyzer Refusal (Va. Code §18.2-268,3) or Commercial Driver Breathalyzer Refusal (Va. Code §46.2-341.26:3)
Penalty for Virginia Driving on Suspended or Revoked License Charge

A Virginia driving on suspended or revoked license charge (Va. Code §46.2-301) is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500, and 6 DMV demerit points that will remain on the offender’s Virginia driving record for 11 years. 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.

If the offender’s vehicle was administratively impounded when he was charged with driving on a suspended or revoked license (Va. Code §46.2-301.1), his vehicle can be impounded for an additional period up to 90 days if he is convicted of driving on a suspended or revoke license (Va. Code §46.2-301(A)). This impoundment penalty applies if the driver was suspended for:

  • an alcohol-related driving offense (DUI (Va. Code §18.2-266), DUI Maiming (Va. Code §18.2-51.4), DUI Involuntary Manslaughter (Va. Code §18.2-36.1), Commercial Driver DUI (Va. Code §46.2-341.24), Driving on a Revoked License-DUI related (Va. Code §18.2-272))
  • driving after having been declared an habitual offender (based on an alcohol-related offense), or
  • driving after his license was administratively suspended after being charged with a DUI, Underage DUI, or Breathalyzer Refusal (Va. Code §46.2-391.2)

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 suspended or revoked license charge under Va. Code §46.2-301 (Va. Code §46.2-301(A)).

A third offense Virginia driving on suspended or revoked license charge under Va. Code §46.2-301 is punished with a mandatory minimum of 10 days in jail that cannot be suspended (Va. Code §46.2-301(C)).

Can I Get A Restricted License After A Virginia Driving on Suspended or Revoked License Conviction?

Virginia allows certain drivers to obtain a restricted driver’s license after being convicted of a Virginia driving on suspended or revoked license charge under Va. Code §46.2-301.  This restricted license will allow the person to drive to a very limited number of places, specific days of the week, at specified times.  The driver must petition the court and receive permission for a restricted license. It is very important to be as specific as possible when applying for the restricted license.  If a person drives in violation of the restrictions, he can be charged with driving on a suspended license again.  If he is convicted, he will have his license suspended for an even longer period of time and possibly lose his restricted driving privileges.

Contact Experienced Criminal Defense Lawyer Jean Humbrecht Today to Fight Your Case

Virginia driving on suspended or revoked license charges under Va. Code §46.2-301 are serious offenses.  Virginia driving on suspended or revoked license charges can be punished with significant jail time and driver’s license suspension.  Most importantly, what may seem like a traffic infraction or neglecting to pay a small ticket will result in a permanent criminal record if convicted.  It is important to contact an experienced criminal defense attorney as soon as possible to discuss your case and any possible defenses if you have received a Virginia Driving on Suspended or Revoked License Charge under Va. Code §46.2-301.