Getting caught driving on a suspended or revoked license in Virginia is a serious matter—and it can quickly escalate from a traffic offense to a criminal charge.
Here’s what you need to know about Virginia’s suspended license laws, the possible penalties, how to restore your driving privileges, and what defenses might apply.
A practical guide from Cardon Law. This is general information, not legal advice. If you’ve been charged with driving on a suspended or revoked license, speak with an experienced Virginia traffic lawyer right away.
1) What the Law Says: Driving on a Suspended License
Under Virginia Code § 46.2-301, it’s illegal for any person to drive a motor vehicle on a public highway in Virginia after their driver’s license has been suspended or revoked.
To convict, the Commonwealth must prove:
- You were driving on a public highway.
- Your license was suspended or revoked.
- You knew—or should have known—your license was suspended or revoked.
Penalties for Driving on a Suspended License (§ 46.2-301):
- First or second offense: Class 1 misdemeanor — up to 12 months in jail, $2,500 fine, and an additional license suspension up to 90 days.
- Third or subsequent offense: Mandatory minimum 10 days in jail.
- The court may impound your vehicle for up to 90 days.
If the suspension was due to a DUI, reckless driving, or failure to pay court costs, penalties can be harsher and may affect your eligibility for restricted driving privileges.
2) Driving Without a License vs. Driving on a Suspended License
Many people confuse driving on a suspended license with driving without a license—but they’re distinct under Virginia law.
Driving Without a License – § 46.2-300
Virginia Code § 46.2-300 makes it a Class 2 misdemeanor to operate a vehicle without ever having obtained a valid license.
- Penalty: Up to 6 months in jail and/or a $1,000 fine.
- Second or subsequent offense: Class 1 misdemeanor (up to 12 months in jail).
No License in Possession – § 46.2-104
If you simply forgot your license, § 46.2-104 applies. The charge is often dismissed once you show proof of a valid license to the court.
Using a Fake ID or Altered License – § 46.2-345 & § 46.2-347
- § 46.2-345 prohibits using or possessing a fake or altered driver’s license.
- § 46.2-347 makes it illegal to lend your license to another person.
These are criminal offenses and can lead to fines, license suspension, and possible jail time.
3) Common Reasons Licenses Are Suspended
The Virginia Department of Motor Vehicles (DMV) may suspend or revoke your driver’s license for reasons such as:
- Failure to pay court fines or costs
- Failure to maintain insurance (SR-22 or FR-44 requirement)
- Accumulating too many demerit points
- DUI or reckless driving convictions
- Failure to appear in court
- Unpaid child support
- Medical conditions that affect safe driving
Each cause has its own reinstatement steps and documentation requirements.
4) How to Get Your License Back in Virginia
To reinstate your license, first identify why it was suspended.
You can check your reinstatement requirements at the Virginia DMV Reinstatement Portal.
Steps to Reinstate a Suspended or Revoked License:
- Pay court fines and costs.
- Complete any court-ordered programs (e.g., driver improvement, ASAP).
- Obtain SR-22 or FR-44 insurance, if required.
- Pay the DMV reinstatement fee (usually $145–$220).
- Apply for reinstatement through DMV Now.
If your suspension followed a DUI or reckless driving conviction, your criminal defense lawyer can help petition for restricted driving privileges under § 18.2-271.1(E).
5) Defenses to a Driving on Suspended (DOS) Charge
Every case is different, but here are common defenses your attorney may raise under § 46.2-301:
A) Lack of Notice / Improper Notice
The Commonwealth must prove you knew your license was suspended.
If the DMV or court sent notice to the wrong address or failed to mail it at all, you may have a strong defense. Many cases are dismissed when no proper notice can be shown.
B) Administrative Error
Sometimes suspensions result from a clerical mistake, old record, or fine that was already paid. Your lawyer can subpoena DMV records to verify status and show compliance.
C) Necessity Defense
If you were driving to prevent harm—such as taking someone to a hospital—your attorney can raise necessity to seek dismissal or mitigation.
D) Mistaken Identity
Occasionally, DMV data errors or similar names cause wrongful suspensions. Certified DMV transcripts can clear this up.
6) Related Offenses & Consequences
| Offense | Virginia Code | Classification | Penalty |
|---|---|---|---|
| Driving Without a License | § 46.2-300 | Class 2 Misdemeanor | Up to 6 months jail, $1,000 fine |
| Driving on Suspended/Revoked License | § 46.2-301 | Class 1 Misdemeanor | Up to 12 months jail, $2,500 fine |
| No License in Possession | § 46.2-104 | Traffic Infraction | Dismissed w/ proof |
| Fake or Altered License | § 46.2-345 | Class 1 Misdemeanor | Fine and suspension |
7) What to Do If You’re Charged
If you’ve been charged with driving on a suspended license:
✅ Check your status on the Virginia DMV.
✅ Contact an experienced traffic defense lawyer immediately.
✅ Gather proof of payments, reinstatement efforts, and DMV records.
✅ Don’t drive again until reinstated—repeat offenses can carry mandatory jail time.
8) Frequently Asked Questions
What is the law for driving on a suspended license in Virginia?
Under § 46.2-301, it’s a Class 1 misdemeanor to drive after your license has been suspended or revoked, with possible jail time, fines, and additional suspension.
What are the penalties?
First or second offenses can lead to up to 12 months in jail, a $2,500 fine, and more suspension. A third offense carries a mandatory minimum 10-day jail sentence.
What if I just forgot my license?
That’s covered by § 46.2-104 — generally dismissed once you show proof of a valid license.
What about using a fake ID or altered license?
Using, possessing, or lending a fake license violates § 46.2-345 or § 46.2-347 and is a criminal offense.
What are the defenses to a DOS charge?
Common defenses include lack of notice, DMV error, necessity, or mistaken identity. If you didn’t receive notice of suspension, your attorney can challenge the charge.
How do I reinstate my license in Virginia?
Check your reinstatement requirements at the Virginia DMV Reinstatement Portal. You’ll need to pay fines, complete any programs, and show proof of insurance (SR-22/FR-44).
Can I get restricted driving privileges?
Yes, in certain cases—especially after DUI-related suspensions. Your lawyer can petition under § 18.2-271.1(E) for limited driving to work, school, or medical appointments.
9) Get Experienced Legal Help
Cardon Law defends clients charged with driving on a suspended or revoked license throughout Virginia Beach, Norfolk, Chesapeake, and Hampton Roads.
We work to reduce charges, challenge improper notice, and help you get back behind the wheel legally.
📞 Free Consultation: (757) 306-9060
📱 24/7 Direct to David A. Cardon: (757) 620-3283
