When the DMV May Suspend a VA Driver's License

License Suspension for Excessive Points

In Virginia if a driver receives too many points within certain time periods the DMV may administratively suspend or revoke his license. In order to get his license back drivers may be required to pay reinstatement fees, attend a driving improvement clinic, and subsequently complete probation and control

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periods.

Advisory Letter

An advisory letter is sent if the driver has received 8 points within a 12 month period or 12 points within a 24 month period. § 46.2-495.

Excessive Points Within 12 and 24 Month Periods

If a driver receives 12-17 points within a 12 month period or 18-23 points within a 24 month period he must attend a driver improvement clinic within 90 days of the order. § 46.2-498.

He is also placed on probation for 6 months. § 46.2-499.

Furthermore, the driver is placed on a driver control period for 18 months after the probation completed.

Driver Improvement Probation Violations

He is placed back on probation for 6 months if convicted of a violation for which the driver received points. § 46.2-500.

License suspension if convicted of the following while on probation:

3 point violation  = 45 day suspension

4 point violation = 60 day suspension

6 demerit points = 90 day suspension

Excessive Points While Using CDL

If points accumulated while using CDL must attend clinic designed for CDL's.

Courts are not permitted to reduce, dismiss, or defer conviction of drivers charged with an offense while operating a commerical motor vehicle. § 46.2-341.1

Rapid Point Violator

If a driver accumulates 18 points in a 12 month period or 24 points in a 24 month period he or she will fall within the rapid point violator section of the code. The driver must (1) complete a DMV approved driver improvement clinic and (2) pay the driver improvement clinic fee and (3) comply with the DMV approved clinic completion requirements within 90 days. § 46.2-506.

Penalty for Violation

90 day suspension of the driver's license and the driver must pay the reinstatement fee. There is also an additional 6 month probation that follows the 90 day license suspension.

The driver's license is suspended until the driver improvement clinic is satisfactorily completed.

License Suspension for Juveniles for Excessive Convictions

Juveniles are required to complete a DMV approved driver improvement class upon receiving his or her's first demerit point. § 46.2-334.01. The driver must complete the class within 90 days or his license will be suspended until the class is completed. If the juvenile receives a 2nd demerit point or safety belt violation when under 18 he or she will receive a 90 day license suspension. § 46.2-334.01(A)(2). If the juvenile receives a  3rd conviction for a demerit point or safety belt violation when under 18, there is a suspension for one year or until 18 years old whichever is longer. § 46.2-334.01(A)(3).

Other Instances Where the DMV is Required to Suspend/Revoke License

Failure to complete DMV's intervention interview

The DMV requires a driver to complete an intervention interview at a VASAP location within 60 days of notice when he accumulates two driving suspended (§ 46.2-301) convictions. His/her license will be suspended indefinitely until he completes the interview. § 46.2-355.1. There is a $30 fee associated with this interview.

Operating or permitting the operation of an uninsured motor vehicle

The DMV will suspend a driver's license where the person:

(1) Has not obtained auto insurance for any vehicle he owns, or allows the operation of, without having paid the uninsured motor vehicle fee.

(2) Operates an uninsured motor vehicle, without being the titled owner, who knows that the uninsured motor vehicle fee has not been paid.

(3) Falsely verifies that a motor vehicle has been insured or provides false evidence that a motor vehicle that he is trying to register has been insured.

(4) Fails to immediately surrender license plates of vehicles not insured in the Commonwealth if the vehicle is licensed in Virginia or subject to registration in Virginia. § 46.2-707.

The suspension of the motor vehicle owner's will not be lifted until the uninsured motor vehicle fee has been paid and proof of future financial responsibility is provided. Additionally, if the license was suspended due to a violation of (3) above, the DMV will not reissue a license until 180 days has elapsed since the date of the suspension order.

After three years since the driver's license was suspended, the DMV has the option to relieve the driver of having to provide proof of future financial responsibility.

Operators, but not titled owners, whose license has been suspended due to a violation of 1-4 above will be eligible to have their license reinstated after 30 days from the date of the suspension order.

Conviction of the following offenses
  • Drug violations, 6 month suspension, § 46.2-390.1
  • DUI, 1st offense, 1 year suspension, § 46.2-389
  • DUI, 2nd offense, 3 year suspension, § 46.2-391
  • DUI, 3rd or subsequent offense, indefinite suspension, § 46.2-391
  • Driving while licensed is suspended or revoked DUI related, 1 year suspension 1st offense, 3 year suspension for 2+ offense, § 46.2-389, 91
  • False statement on license application to DMV, 1 year suspension, § 46.2-389
  • Offense punishable as a felony in 46.2 or felony involving a motor vehicle, 1 year suspension minimum,  § 46.2-389
  • Failing to stop or disclose identity at the scene of an accident involving the death or injury to another person, 1 year suspension, § 46.2-389
Administrative Suspension for DUI Charges
  • DUI 1st offense: 7 day suspension, § 46.2-391.2
  • DUI 2nd offense: 60 day suspension, § 46.2-391.2
  • DUI 3rd+ offense: Suspension through time of trial, § 46.2-391.2

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