Written by attorney Brenton Daniel Vincenzes

Getting Back You Virginia License & "Will My Conviction Lead to a Suspended or Revoked License?"

Getting Back Your Virginia Driver’s License

Suspended License Restoration:

The Virginia Department of Motor Vehicles uses the phrase, “withdrawn temporarily." How does one reinstate driving privileges? It may require the following actions:

  1. Wait for suspension period to end
  2. Pay required fee(s)
  3. Show proof of legal status
  4. Pass tests

Revoked License Reinstatement

A revoked license is considered to be no longer valid. The individual will have to take certain measures:

  1. Apply for a license
  2. Show proof of legal presence
  3. Pass skill and vision tests
  4. Pay fee

Crimes Leading to Virginia License Suspension or Revocation:

Many people are unaware of the driving-related consequences following specific convictions.

Consider these two categories of offenses:

  1. Some will always lead to a suspended or revoked license in Virginia.
  2. Others could potentially lead to a revoked or suspended license in Virginia.

Every Offense Below Leads to License Revocation or Suspension in Virginia, if Convicted

Virginia DUI and Related Offenses

A DWI in Virginia is a multifarious criminal offense, at least insofar as the technical hitches.

In addition to a Virginia, these offenses similarly lead to a suspended or revoked license:

  • Driving with Suspended or Revoked License Following DWI Conviction (longer suspension or revocation period and separate offense)
  • Causing Injury (related to DWI)
  • Driving without an Ignition Interlock
  • Involuntary Manslaughter

If accused in Northern Virginia or Fairfax County, our Virginia Criminal Law Firm strongly suggests you communicate with one of the many Fairfax DUI lawyers. Or, you may desire to send our Fairfax DUI attorney a message online and specify a time and date.

Offenses Not Necessarily Associated with DUI-DWI

…But Still Lead to License Suspension or Revocation

Some offenses may or may not involve driving under the influence, but still lead to suspension or revocation, if convicted. Many of these offenses implicate use of a vehicle:

  • Lying to the VA DMV
  • Drug Offenses ( even first-time marijuana possession)
  • Any Felony (if it involves a vehicle)
  • Eluding Police
  • Failing to Stop at the Scene of an Accident (when a person has been injured or killed)
  • Renewing Another Person’s License
  • Taking a Driver’s License Exam for Another
  • If under 18: a Second Offense (if it results in points)*
  • If under 18: a Second Seat-belt or Child Safety Restraint offense*

*Note: upon a second conviction, the license will be suspended. After a third, the license will be revoked.

There are also offenses which could potentially — not always — result in a suspended or revoked license. May Result in License Suspension or Revocation

The offenses below could result in a suspended or revoked license, if convicted. Some offenses listed below do involve driving under the influence, but it is important to note the information we have included in parenthesis.

Failure to Pay Traffic or Criminal Fee After Conviction

The court can suspend a license for failure to pay a court-ordered fine within 30 days following conviction. If financial issues prevent an individual from paying the fee, then the court may offer an installment plan. See our extensive Fairfax County Traffic Court page for phone numbers. If you are not sure whether a prior or pending charge could result in a suspended or revoked license, you should ask our Fairfax traffic lawyer.

Suspensions Unrelated to Conviction

Possible Suspension for Medical Conditions

Four skills linked to driving in a safe manner by the DMV:

  1. Motor skills
  2. Vision
  3. Consciousness
  4. Judgment

When the DMV chooses to conduct a medical review, it may suspend or limit an individual’s license. Refer to the DMV publication, Medical Fitness for Safe Driving (MED 80), for more detailed information on the Medical Review Program

Insurance Related Suspension (No Charge)

Sometimes, the DMV suspends a license if the driver:

  • Fails to provide insurance information
  • Insurance lapses and plates not returned

When a person in Virginia registers a vehicle, they are required to sign a statement (on the registration application itself) that they have insurance. If not, they must pay a $500 “uninsured motor vehicle" fee.

Failure to Make Child Support Payments

Various entities in Virginia communicate with the DMV. The Division of Child Enforcement is one; it will notify the DMV if a person does not:

  • Make support payments on time (late 90 days, or in arrears $5,000)
  • Appear in Court

What is an Administrative License Suspension in Virginia?

An administrative license suspension is an automatic license suspension.

  • For a first DWI offense, suspension is seven days
  • For a second DWI offense, suspension is a 60 days or until trial (whichever first)
  • For a third DWI offense, suspension will last until trial

Additional resources provided by the author

§ 46.2-300. Driving without license prohibited; penalties. - § 46.2-325. Examination of applicants; waiver of Department’s examination under certain circumstances; behind-the-wheel and knowledge examinations. § 46.2-303. Licenses not required for operating road roller or farm tractor. §§ 46.2-663 through 46.2-674 §§ 46.2-303 through 46.2-308 § 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked. § 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated. [§ 18.2-272. Driving after forfeiture of license. § 18.2-268.3. Refusal of tests; penalties; procedures. § 46.2-301.1. Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one’s vehicle. § 46.2-349. Unlawful to permit violations of chapter. § 46.2-335. Learner’s permits; fees; certification required. § 22.1-254 et seq § 46.2-324.1. Requirements for initial licensure of certain applicants. § 46.2-302. Driving while restoration of license is contingent on furnishing proof of financial responsibility. § 46.2-341.1 et § 46.2-707. (Effective until January 1, 2014) Operating uninsured motor vehicle without payment of fee; verification of insurance; false evidence of insurance. § 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties.

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