The Commonwealth of Virginia may suspend or revoke your license for many reasons. Offenders may be charged with a Class 1 misdemeanor if found guilty of driving with a suspended or revoked license.

What are the Grounds for License Suspension or Revocation?

Your license may be suspended or revoked for alcohol or other driving offenses, certain criminal convictions, or other reasons.

A driver’s license may be suspended or revoked for:

  • certain alcohol offenses, including driving while intoxicated.
  • reckless driving or aggressive driving, and
  • providing false information in an application for a license or permit.

If you are convicted of crimes enumerated below, your license may be suspended or revoked:

  • voluntary or involuntary manslaughter, if a vehicle was used
  • involuntary manslaughter that results from driving under the influence, and
  • failing to stop if you are involved in a motor vehicle accident that kills or injures someone
  • theft or unauthorized use of a motor vehicle.
  • a felony relating to motor vehicle laws, or any other felony if a vehicle was used

Your driver’s license may also be suspended or revoked for any other violation such as :

  • Failure to pay child support for more than 90 days
  • Failure or refusal to pay court costs, certain fines, restitution or other penalties
  • Failure ore refusal to fulfill tax obligations to the Commonwealth of Virginia, and
  • Incompetence to drive due to mental illness, alcoholism or other conditions.

Other circumstances may be grounds for license suspension or revocation.

Can I Still Have My License Reinstated?

suspended licenseThe answer is yes. But the length of your suspension or revocation depends on the circumstances of the suspension or revocation among other factors. You may also need to settle specific fees such as a license reinstatement fee and fulfill other conditions in order to have your license reinstated.

In instances where the license was revoked or suspended due to incompetence, you may not have to pay a reinstatement fee.

In other situations, you may be required to show proof of insurance in order to reinstate your license.

What are the Criminal Charges for Driving on a Suspended or Revoked License?

  • First Offense: Driving on a Suspended License in VA
    • Driving while your license is suspended or revoked is a Class 1 misdemeanor. The maximum penalty for a Class 1 misdemeanor is:
      • up to one year jail time,
      • a $2,500 fine, and
      • License suspension
  • Second Offense: Driving on a Suspended License in VA
      • up to one year jail time,
      • a $2,500 fine, and
      • License suspension
      • Jail time of at least 10 days, unless there is:
        • a plea agreement,
        • a legal defense,
        • or mitigating circumstances that help reduce or dismiss cases of driving on a suspended license.
  • Third Offense: Driving on a Suspended License in VA
    • Driving on a suspended license in Virginia 3rd offense within ten years carries mandatory jail time. You come off as a habitual offender and therefore, judges may not let it pass.

The range of punishment is technically the same as a first offense, which are

    • Up to $2,500 fine
    • Mandatory minimum sentence of 10 days to one year in jail and;
    • Mandatory license suspension
  • Driving Under the Influence with Suspended License in VA
    • Driving while suspended is a more serious offense and has heavier consequences in Virginia. DUI with a suspended license can be charged as a class 1 misdemeanor or a class 6 felony which carries up to five years in jail.

Before you can be convicted of driving on a suspended license, the Commonwealth of VA must be able to establish the following:

  • Whether or not you were driving
  • That your license was indeed suspended
  • That you knew your driving license was suspended

If your driver’s license has been suspended and you are facing charges of driving on a suspended license, you need an experienced defense lawyer.

Driving with a suspended license is punishable by jail, high fines and additional suspension. This means a conviction can bring grave consequences to certain aspects of your life, including obtaining or retaining insurance. As mentioned previously, there are specific penalties for driving on a suspended or revoked license. However, realistically speaking, your sentence will depend on your circumstances and the attitude of local judges and prosecutors toward the crime. For this reason, it is much more beneficial to secure the legal services of a defense attorney who is familiar with these charges in your area and who is equipped to provide you with information about your case. Our defense lawyers at Fisher Law have the experience and the know-how of the ins and outs of the Blacksburg courthouse. Needless to say,  they know the local rules and they know the best thing to do so that you can get the most favorable outcome  Call us today for an initial free consultation.