The DMV has informed you that your driver’s license has been suspended, but you still need to get to work and handle your daily responsibilities. You’re tempted to take a quick drive to the local grocery store because public transportation options are limited in your area. This could be a devastating mistake.
Getting caught driving on a suspended license in Virginia brings severe consequences and penalties that can turn a bad situation into something much worse. Our Chesapeake criminal defense lawyer can explain your legal options and help you make better informed decisions about your case.
Penalties for Driving on a Suspended License Under Virginia Law
Driving on a suspended license violates Virginia Code § 46.2-301, which applies whether your driver’s license is suspended, revoked, or canceled. Whether you lost your license due to DUI, failure to pay fines, or accumulating too many points, the penalties remain the same.
Class 1 Misdemeanor
As a Class 1 misdemeanor, driving on a suspended license carries the same potential penalties as assault, reckless driving, and other serious misdemeanors:
- Up to 12 months in jail
- A fine of up to $2,500
Imagine a Norfolk resident who drives to his construction job on a suspended license because he couldn’t afford to miss work. The judge might sentence him to 15 days in jail and fine him $750. While this is far less than the maximum penalty limits, he still misses two full weeks of work, worsening his financial problems rather than improving them.
Extending Your Driver’s License Suspension
The court will suspend your driver’s license for the same period as your original suspension. If your original suspension was indefinite, the court can exercise judicial discretion to extend your suspension, typically up to 90 more days. This additional suspension doesn't start until your current period ends.
Suppose Sara's license was suspended for six months due to unpaid fines. When she got caught driving, the court added another six months to her suspension. What should have been six months without driving became a full year.
Possible Vehicle Impoundment
Police may impound your vehicle for up to 30 days when they charge you with driving on a suspended license. This often applies when the driver is the registered owner of the vehicle and the suspension is either court-ordered or DUI-related. Repeat violations increase the likelihood of impoundment.
The storage fees from vehicle impoundment also pile up quickly. Most impound lots charge between $20 and $30 per day. As a result, a 30-day impoundment could cost up to $900 in storage fees alone, not including towing costs.
DUI-Related Suspensions
Virginia treats driving on a license suspended for DUI-related offenses more harshly. Driving on a license suspended for DUI falls under Virginia Code § 18.2-272, which carries the same Class 1 misdemeanor penalty. A third DUI-related driving offense within 10 years may elevate to a Class 6 felony.
Real-World Consequences Beyond Legal Penalties
Beyond criminal penalties, driving on a suspended license in Virginia can negatively affect your life in several other ways.
Employment Impact
Criminal convictions can affect your security clearance, job prospects, and current employment. Many employers conduct background checks and may terminate employees with criminal records. Jobs requiring driving, such as delivery positions or sales roles, become unavailable with a criminal conviction and extended license suspension.
SR-22 Insurance Requirements
Some suspended license cases require SR-22 insurance when you regain driving privileges. This high-risk insurance costs significantly more than standard auto insurance and must be maintained for several years.
Financial Hardship
The combination of fines, court costs, and potential jail time creates significant financial strain. Missing work due to court appearances or incarceration can lead to lost wages and employment termination.
Transportation Challenges
Extended license suspension periods make it difficult to maintain employment, attend medical appointments, or handle family responsibilities. This creates a cycle where people feel pressured to drive illegally, potentially leading to additional charges.
Possible Defense Strategies for Driving on a Suspended License
The prosecution must prove every element of the charge against you. An experienced criminal defense attorney can challenge the evidence and find weaknesses in the case.
Challenging the Traffic Stop
Police need reasonable suspicion to pull you over. If the officer couldn't articulate why they stopped you, evidence from the stop might be thrown out. This happens more often than people think.
Proving You Didn't Know
The prosecution must prove you knew your license was suspended. If the DMV sent notice to an old address or you never received proper notification, this creates a viable defense tactic.
Showing License Was Actually Valid
DMV computers make mistakes. Sometimes people get charged even though their license was reinstated. Court records and DMV printouts can prove your license was valid at the time of the stop.
Emergency Situations
Virginia recognizes emergency defenses in limited situations. If you drove to get medical help or escape immediate danger, this might provide a defense.
Getting Your Virginia Driver’s License Reinstated
You can't ignore the original reason your license was suspended. Before you can get it back, you may need to pay all outstanding fines and court costs, complete driver improvement courses, obtain SR-22 insurance, and pay reinstatement fees.
Some DUI-related cases require completion of substance abuse treatment programs. These programs have costs and time requirements that extend the process of license restoration.
Driving on a suspended license carries serious consequences that can affect your life for years. An experienced criminal defense attorney can examine your case for potential defenses, negotiate with prosecutors for reduced charges, and help minimize the impact on your future.