Losing Your License After a Virginia Driving Conviction

Most people charged with a driving offense in Virginia ask the same question first: will I lose my license? The honest answer is that a Virginia license can be taken in three different ways, by three different decision-makers, on three different clocks — and the summons doesn’t tell you which ones you’re facing. The one people never see coming is the DMV itself, which in certain cases is required to revoke a license on its own, with no judge ordering it and no hearing held. I’m Sheryl Shane, I’ve practiced criminal defense for more than 31 years, and here’s how it actually works.

Three Ways a Virginia License Can Be Taken

• Administrative suspension at arrest. In DUI cases, a civil suspension can take effect at the time of arrest. It is separate from the criminal case — it does not bar the prosecution, and the outcome of the prosecution does not undo it.
• Court-ordered suspension. For some offenses, the judge suspends the license as part of the case — sometimes required, sometimes discretionary.
• Mandatory DMV revocation. For certain convictions, the Commissioner of the DMV is required to revoke the license the moment the conviction record arrives. No judge orders it. No hearing is held.

When the DMV Must Revoke — Virginia Code § 46.2-389

Under § 46.2-389, the DMV must revoke the license on receiving a record of conviction for:

• DUI, and driving after a license forfeiture for an alcohol-related offense;
• manslaughter resulting from the driving of a motor vehicle, and DUI maiming;
• hit and run involving injury or death; and
• any felony under Virginia’s motor vehicle laws, or any felony in which the person drove a vehicle — which includes felony eluding and felony hit and run with property damage of $1,000 or more.

The revocation is one year in most cases. DUI carries longer tiers under § 46.2-391: three years for a second DUI within ten years, and an indefinite revocation for a third DUI, a felony DUI, DUI manslaughter, or DUI maiming. Virginia courts treat this revocation as civil rather than as part of the punishment — which is why even a pardon does not restore the license. It applies to juvenile findings of guilt and to convictions from other states that substantially parallel Virginia law.

This is why the line between a misdemeanor and a felony matters so much in driving cases. Misdemeanor eluding carries only the court’s suspension; felony eluding adds the DMV’s one-year revocation on top. In a hit and run, the $1,000 property-damage line decides not only whether the charge is a felony, but whether the DMV revokes the license.

When the Court Suspends

• Reckless driving — § 46.2-393. The court may suspend the license for 60 days to six months, and may allow a restricted permit for good cause. New as of July 1, 2026: for the speed-based reckless sections, §§ 46.2-861 and 46.2-862, the court may instead order enrollment in Virginia’s Intelligent Speed Assistance Program for 60 days to six months — and for reckless driving above 100 miles per hour under § 46.2-862, the court must order that enrollment unless it suspends the license. Neither a restricted permit nor the program allows driving a commercial vehicle.
• Eluding — § 46.2-817. The court suspends the license for not less than 30 days nor more than one year — not less than 90 days if the speed exceeded the limit by 20 miles per hour or more.
• Driving on a suspended or revoked license — § 46.2-301. The court suspends the license again for the same period as the original suspension, or, where the original had no definite end, for up to an additional 90 days.
• Driving without a license. The court may suspend the privilege to drive for up to 90 days.

The Driving Record Clock

Separate from any suspension, every conviction lands on the DMV driving record — and the record has its own clock. Every form of reckless driving is a six-point violation that stays on the record for eleven years, while the same speed resolved as speeding stays for five. A DUI stays for eleven years. Felony eluding stays for eleven years; misdemeanor eluding, three. Demerit points expire after two years, but the conviction stays on the record far longer.

Points trigger suspensions of their own. A driver already on DMV probation who is convicted of another point offense is suspended automatically — 45 days for a three-point violation, 60 days for four, 90 days for six — and then placed on probation again.

Restricted Licenses

A restricted license is narrower than people expect. A DMV restricted license is good only in Virginia, limited to specific purposes such as work, school, medical care, and court appearances, each requiring documentation — and never for a commercial vehicle. And if the restriction came from a DUI-related offense, driving with a blood alcohol content of 0.02 percent or more is a separate crime, even while complying with every other term of the restricted license.

Getting the License Back

A suspension or revocation ending is not the same as getting the license back. Where a court ordered an alcohol safety action program, the license will not be reinstated until DMV is notified the program was completed. And after a suspension period expires, simply waiting it out is not enough — driving before you have actually applied for, been examined for, and obtained the license is its own offense.

The practical point is that winning or resolving the criminal case does not, by itself, restore the license. The license consequences have to be understood — and planned for — from the first day, because how the charge is resolved often decides which of them apply. For the full range of driving charges, see my driving offenses page, and for DUI specifically, my Fairfax DUI page.

Frequently Asked Questions

Can the DMV take my license even if the court doesn’t?

Yes, for certain offenses. For a DUI, manslaughter resulting from driving, DUI maiming, hit and run involving injury or death, and felonies involving the driving of a vehicle, the DMV is required to revoke the license when it receives the conviction record — for one year in most cases, three years for a second DUI within ten years, and indefinitely for a third DUI, a felony DUI, DUI manslaughter, or DUI maiming. No judge orders it and no hearing is held.

Will I lose my license for reckless driving in Virginia?

Possibly. Under Virginia Code § 46.2-393, the court may suspend the license for 60 days to six months on a reckless driving conviction, and may allow a restricted permit for good cause. Since July 1, 2026, for speed-based reckless driving the court may instead order enrollment in the Intelligent Speed Assistance Program, and for speeds above 100 miles per hour it must order that enrollment unless it suspends the license.

Does a pardon restore a revoked Virginia license?

No. Virginia courts treat the DMV’s mandatory revocation as civil rather than as part of the criminal punishment, so a pardon does not restore the license.

Can I drive once my suspension period ends?

Not until the license is actually reinstated. A suspension or revocation period ending does not reinstate the license by itself, and driving before you have applied for, been examined for, and obtained the license is a separate offense. Where an alcohol safety action program was ordered, the license will not be reinstated until DMV is notified it was completed.

Facing a Driving Charge in Fairfax? Call Today

The license consequences of a driving charge are decided as much by how the case is resolved as by the charge itself. Call (703) 582-8119 for a free, confidential consultation. Virginia Criminal Attorney, 4015 Chain Bridge Road, Fairfax, VA 22030 — minutes from the Fairfax County Courthouse.

Statutes discussed on this page are current through the 2026 Special Session I of the Virginia General Assembly. This page is general information about Virginia law, not legal advice about your case.