What Virginia's New Law Changed
Virginia tightened its penalties for driving on a suspended license effective July 1, 2020. The law created a new category of offense called driving on a suspended license while the suspension is in effect for a safety-related reason. This distinction matters because it carries harsher penalties than driving on a suspended license for other reasons — such as unpaid fines or failure to pay child support.
A safety-related suspension includes suspensions for DUI convictions, reckless driving, accumulating too many points on your record, or failing a medical examination. If your license was suspended for one of these reasons and you drive anyway, you face mandatory minimum jail time and higher fines than you would for a non-safety suspension.
The law also made it a crime to knowingly let someone else drive your vehicle when their license is suspended for a safety reason. This applies even if you are not in the car.
Key Takeaways
- Driving on a suspended license for a safety reason in Virginia now carries a mandatory minimum of 10 days in jail for a first offense, compared to no mandatory jail time for non-safety suspensions.
- Fines for safety-related suspensions start at $250 and can reach $1,000, while non-safety suspensions carry fines of $100 to $500.
- A second offense within five years becomes a Class 6 felony, which carries up to one year in prison and a $1,000 fine.
- You can be charged even if you did not know your license was suspended, so you must verify your status before driving.
- Allowing someone else to drive your car while their license is suspended for safety reasons is also a crime under the new law.
Penalties for a First Offense
A first conviction for driving on a suspended license for a safety reason carries a mandatory minimum of 10 days in jail. You cannot avoid jail time through a fine or suspended sentence. The court has no discretion to waive this requirement.
Fines range from $250 to $1,000. The court may also order you to pay restitution if your driving caused damage or injury. Your license will remain suspended for the duration of the original suspension period, and the court may extend it further.
For comparison, driving on a suspended license for a non-safety reason (unpaid fines, failure to pay child support, or administrative reasons) carries no mandatory jail time, though the court can impose up to 12 months in jail. Fines for non-safety suspensions are $100 to $500.
Penalties for a Second or Subsequent Offense
A second conviction within five years becomes a Class 6 felony. This is a serious charge that goes on your permanent criminal record. You face up to one year in prison and a $1,000 fine.
A felony conviction affects your ability to work in certain fields, obtain professional licenses, and pass background checks for housing or employment. You may also lose your right to vote while incarcerated and face additional restrictions after release.
The five-year window resets after your first conviction, so a second offense more than five years later is treated as a first offense again — though you will still face the mandatory 10-day minimum jail sentence.
How Virginia Determines If a Suspension Is Safety-Related
Virginia classifies a suspension as safety-related if it stems from a conviction or action that directly affects public safety. The Virginia Department of Motor Vehicles (DMV) maintains records of why your license was suspended, and law enforcement can check this when they pull you over.
Safety-related reasons include: DUI or DWI conviction; reckless driving conviction; accumulating 12 or more demerit points within 12 months; failing a medical examination required by the DMV; conviction for hit-and-run; conviction for driving without a license; or conviction for racing on a public road.
Non-safety suspensions include: failure to pay court fines; failure to pay child support; failure to maintain required insurance; or administrative suspensions for not responding to a traffic ticket. These carry lower penalties under the new law.
What You Must Do Before Driving
You are responsible for knowing whether your license is suspended, even if you did not receive written notice. Virginia law does not require the DMV to notify you by mail before suspending your license in all cases — particularly for safety-related suspensions tied to court convictions.
Before driving, check your license status through the Virginia DMV website or by calling the DMV at 804-367-0538. You can also visit a local DMV office in person. Have your driver's license number and Social Security number ready when you call or search online.
If your license is suspended, do not drive. Driving on a suspended license is a separate criminal charge from whatever caused the suspension in the first place. You may be able to request a restricted license for work or medical purposes, but you must go through the formal process with the DMV and the court.
Restricted Licenses and Hardship Exceptions
Virginia allows you to request a restricted license in some cases, which permits you to drive only for specific purposes such as work, school, medical treatment, or court-ordered programs. A restricted license does not explore to safety-related suspensions for DUI or reckless driving — those suspensions must run their full course before you can drive again.
For other safety-related suspensions, you can petition the court for a restricted license if you can show hardship. You must file a petition in the circuit court of the county where you were convicted or where you live. The court will hold a hearing and decide whether to grant the restriction.
A restricted license is not the same as a regular license. You must carry proof of the restriction and follow its terms exactly. Violating the terms — for example, driving to a location other than those listed — is a separate offense.
Allowing Someone Else to Drive Your Car
Under the new law, you can be charged with a crime if you knowingly allow someone else to drive your vehicle when their license is suspended for a safety reason. This applies even if you are not in the car and even if the other person caused an accident or broke a traffic law.
The charge is a Class 3 misdemeanor, which carries a fine of $250. You must have known that the person's license was suspended for a safety reason — you cannot be charged if you had no way of knowing. However, if the suspended driver is a household member or someone you know well, the court may infer that you knew.
If you lend your car to someone, ask them directly whether their license is valid and suspended. If you are unsure, do not lend the vehicle. This is the safest way to avoid liability under the new law.
Frequently Asked Questions
Can I get my jail time reduced or suspended if I have a job or family obligations?
The mandatory 10-day minimum jail sentence cannot be suspended or reduced by the judge. However, you may be able to serve the time on weekends or during a scheduled block rather than continuously. Ask your attorney about scheduling options when you appear in court.
What happens if I was not notified that my license was suspended?
Lack of notice is not a defense in Virginia. The law holds you responsible for checking your status before driving. If you received a court conviction or citation, assume your license may be suspended and verify before getting behind the wheel.
Does the new law explore to out-of-state drivers?
Yes. If your out-of-state license is suspended in Virginia for a safety reason, the new penalties explore if you drive in Virginia. Virginia also reports suspensions to other states through the National Driver Register, so your home state may impose additional penalties.
Can I get the charge dismissed if I did not know I was suspended?
Knowing you were suspended is not an element of the crime. Virginia law makes it illegal to drive on a suspended license regardless of whether you knew about the suspension. Your best defense is to show the suspension was not actually in effect at the time you drove, which requires court records.
What is the difference between a suspended and revoked license in Virginia?
A suspended license is temporary — it will be reinstated after a set period or once you meet certain conditions. A revoked license is permanent and requires you to reapply for a new license through a formal process. The new law applies to suspended licenses; revoked licenses carry different penalties.