Virginia's suspended license law changed in 2020, and the rules are stricter than before
Virginia made driving on a suspended license a more serious offense starting July 1, 2020. Before that date, a first offense was a traffic infraction. Now it is a Class 1 misdemeanor, which means you face jail time, fines, and a criminal record — not just a traffic ticket. The change applies whether your suspension came from unpaid fines, a DUI conviction, points accumulation, or any other reason.
The new law does not distinguish between knowing your license was suspended and not knowing. If you drive and your license is suspended in Virginia's system, you can be charged regardless of whether you received notice. This makes it critical to know your license status before you get behind the wheel.
Key Takeaways
- Driving on a suspended license in Virginia is now a Class 1 misdemeanor with penalties including up to 12 months in jail, a fine up to $2,500, and a permanent criminal record.
- You can check your Virginia license status for free through the Department of Motor Vehicles website or by calling their customer service line.
- A suspension can result from unpaid traffic fines, DUI convictions, accumulating too many points, or failure to pay child support — and you may not receive written notice for all of them.
- If you are stopped while suspended, you will be charged when ready; there is no grace period or warning phase under the new law.
- Restoring your license requires paying all outstanding fines or fees, completing required programs, and submitting a reinstatement request to the DMV.
What counts as a suspended license under Virginia law
A suspended license means the Virginia Department of Motor Vehicles has revoked your right to drive, but you retain the ability to restore it later. This is different from a revoked license, which is permanent unless the DMV grants an exception. Suspensions happen for specific, usually fixable reasons.
The most common triggers are unpaid traffic fines or court costs, accumulating 12 or more points within 12 months, a DUI or drug-related conviction, failure to pay child support, and failure to maintain required insurance. Some suspensions are automatic — for example, a DUI conviction triggers a suspension when ready, even before sentencing. Others happen only after the DMV sends notice and you do not respond.
You may also face a suspension if you were convicted of reckless driving, if you failed to appear in court, or if you did not pay a reinstatement fee after a previous suspension ended. The reason matters because it determines what you have to do to get your license back.
How to check whether your Virginia license is currently suspended
The Virginia DMV offers two ways to check your license status without cost. The fastest is the online system at dmvnow.com. Go to "License and ID" and select "Check License Status." You will need your Social Security number and date of birth. The system shows your status when ready and lists any suspensions with their reasons.
If you prefer to call, the DMV customer service line is 804-367-0538. Wait times vary, but staff can tell you your status and the specific reason for any suspension. They can also tell you what steps you need to take to restore your license. Keep the name of the person you speak with and the time of the call in case you need to reference it later.
Check your status before you drive anywhere. If a suspension is listed and you drive, you will be charged under the new law. There is no exception for "I did not know" — the law holds you responsible for knowing your own status.
Penalties for driving on a suspended license in Virginia
A first offense is a Class 1 misdemeanor. The maximum penalty is 12 months in jail, a fine up to $2,500, or both. In practice, judges often impose jail time, fines, or a combination depending on the reason for the suspension and your driving history. A conviction also goes on your permanent criminal record.
A second offense within 10 years is also a Class 1 misdemeanor with the same maximum penalties, but judges typically impose harsher sentences. A third or subsequent offense within 10 years can result in a felony charge in some cases, particularly if the suspension was for a DUI-related reason.
Beyond criminal penalties, a conviction will extend your suspension. The DMV adds additional time to your suspension period, meaning you cannot restore your license until the new end date passes. You will also have to pay a reinstatement fee, which is typically $145 but can be higher depending on the reason for the original suspension.
Steps to restore your suspended license
The process depends on why your license was suspended. If it was for unpaid fines, you must pay all outstanding traffic fines and court costs in full. Contact the court that issued the ticket to confirm the exact amount owed, because the DMV system may not reflect recent payments when ready.
If your suspension was for accumulating points, you must wait for the suspension period to end. Points suspensions typically last three months for a first offense. You cannot shorten this period, but you can prepare by gathering the documents you will need for reinstatement.
For DUI-related suspensions, you must complete an alcohol safety action program (ASAP) before the DMV will consider reinstatement. The program is mandatory and costs money — fees vary by provider but typically range from several hundred to over a thousand dollars. You must also pay all fines and court costs associated with the DUI conviction.
Once you have met all requirements, submit a reinstatement request to the DMV. You can do this online at dmvnow.com, by mail, or in person at a DMV office. Include proof that you have paid all fines and completed any required programs. The DMV will process your request and mail you a new license if everything is in order. Processing typically takes 7 to 10 business days.
What to do if you are stopped while your license is suspended
If a police officer stops you and your license is suspended, you will be charged with a misdemeanor on the spot. Do not argue about whether you knew or did not know — the officer will cite you regardless. Ask for a copy of the citation and the officer's name and badge number.
Do not admit to anything beyond what the citation states. If the officer asks why you were driving, you can say you were unaware of the suspension, but this is not a legal defense under Virginia law. Your best response is to remain calm and comply with the officer's instructions.
After you are cited, you will receive a court date. Attend that date. Missing it will result in an additional charge for failure to appear. If you cannot afford an attorney, ask the judge about a public defender at your first court appearance. Do not plead guilty without understanding the consequences — a misdemeanor conviction has long-term effects on employment, housing, and insurance.
How the 2020 law change affects you differently
Before July 1, 2020, a first offense for driving on a suspended license was a traffic infraction, similar to a speeding ticket. You could receive a fine and points on your driving record, but no jail time and no criminal record. The change to a Class 1 misdemeanor means the consequences are now far more serious.
The new law also removed any distinction based on whether you knew your license was suspended. Previously, some cases turned on whether you had received notice. Now, ignorance is not a defense. If your license is suspended in the system and you drive, you can be charged.
This change makes it your responsibility to verify your status regularly, especially if you have received any traffic citations, failed to pay fines, or had any interaction with the court system. Many people discover their license is suspended only when they are stopped by police.
Frequently Asked Questions
Can I drive to work or to pay my fines if my license is suspended?
No. Virginia law does not provide an exception for driving to pay fines or for essential purposes. If you must drive, you can request a restricted license from the court that issued your suspension, but this requires a hearing and the judge must find good cause. Most requests are denied unless the suspension is for unpaid fines and you can show you are actively paying them down.
What if I did not receive notice that my license was suspended?
The law does not require you to have received notice. The DMV is responsible for suspending your license, and you are responsible for knowing your status. Check dmvnow.com or call 804-367-0538 to verify your status. If you discover a suspension you were unaware of, stop driving when ready and begin the reinstatement process.
How long does a suspension last?
The length depends on the reason. Points suspensions typically last three months for a first offense. Suspensions for unpaid fines last until you pay them. DUI-related suspensions can last six months to a year or longer. Check your DMV record to see the specific end date for your suspension.
Will a misdemeanor conviction for driving suspended affect my car insurance?
Yes. A misdemeanor conviction will likely increase your insurance rates significantly or result in your insurer dropping you. You may have to switch to a high-risk insurer, which charges much higher premiums. Some insurers will not cover drivers with recent misdemeanor convictions at all.
Can I get the charge dismissed if I restore my license before court?
Restoring your license does not dismiss the charge. You will still have to appear in court and face the misdemeanor charge. However, showing the judge that you have restored your license and taken steps to comply with the law may influence sentencing. Discuss this with a public defender or attorney before your court date.