Fairfax Driving on a Suspended License Defense Attorney
Quick answer: Driving on a suspended or revoked license in Virginia is a Class 1 misdemeanor under § 46.2-301 — unless the suspension came from a DUI or a breath-test refusal, in which case the more serious § 18.2-272 applies, and three violations in ten years is a felony. But since 2025, the court can dismiss a first charge if you get your license situation fixed before your court date. Attorney Sheryl Shane has more than 31 years of criminal defense experience. Call (703) 582-8119.
Which Statute Applies Matters
Virginia splits this offense in two, and which one you’re charged under changes the consequences.
Ordinary suspension or revocation — § 46.2-301. This covers driving while your license is suspended or revoked for most reasons: unpaid fines, points, court orders, and the like.
Alcohol-related deprivation — § 18.2-272. This covers driving during a suspension or revocation that came from a DUI, a breath-test refusal, DUI maiming, or DUI manslaughter, or while violating the terms of a DUI-related restricted license.
The summons will tell you which one you’re facing. It’s worth reading carefully.
Driving Suspended Under § 46.2-301
A violation is a Class 1 misdemeanor. On conviction, the court suspends your license again for the same period as the original suspension — or, if the original had no definite end, for up to 90 additional days. The court can also order the vehicle impounded or immobilized for up to 90 more days where the underlying suspension was DUI-related, with all towing and storage costs paid by the driver before release. Mopeds are excluded from this statute.
In 2020, the General Assembly deleted the old 10-day mandatory minimum for a third offense within ten years. Older sources still cite it.
The DUI-Related Version: § 18.2-272
Driving during an alcohol-related deprivation is also a Class 1 misdemeanor, with administrative revocation on top. But three violations within ten years is a Class 6 felony.
This statute has a provision almost nobody sees coming. If your license was restricted, suspended, or revoked because of a DUI-type offense, it is a crime to drive with a blood alcohol content of 0.02 percent or more — regardless of whether you’re otherwise following every term of your restricted license. Someone driving on a perfectly valid restricted license, on an errand the court allowed, commits a crime at a quarter of the legal limit.
Driving without an ignition interlock you’ve been required to install is a separate Class 1 misdemeanor under the same statute.
Driving Without a License — § 46.2-300
Driving without having applied for, passed the exam for, and obtained a valid license is a Class 2 misdemeanor, and a Class 1 misdemeanor on a second or later offense. The court can suspend driving privileges for up to 90 days.
The trap: the statute prohibits driving until the license has actually been obtained. When a suspension period ends, waiting it out isn’t enough — driving before completing the reinstatement steps is a violation. People fall into this constantly.
The 2025 Second Chance
This is the most practical thing on this page, and it’s new enough that little published guidance reflects it.
As of 2025, both § 46.2-300 and § 46.2-301 let the court dismiss the summons or warrant where proof of compliance is provided on or before the court date:
- Driving without a license: available with no lookback requirement
- Driving suspended: available where there’s been no prior violation within the past ten years; with a prior violation, the court may dismiss or amend on proof of substantial compliance
Both exclude commercial driver’s license holders and anyone driving a commercial vehicle. The practical message: getting your license straightened out before court is now a statutory path to dismissal. Waiting until the court date to deal with it is the most common mistake people make.
Where These Cases Are Won
Notice. You have to have known your license was suspended. Convictions have been reversed where the DMV record showed the suspension notice came back unclaimed, and where the notices didn’t establish that the suspension covered the date of the stop or state how long it lasted. The certified driving record is prima facie evidence, so the fight is over what the record actually shows.
Whether the suspension was still in effect. In one case, the suspension had ended when court costs were paid and a revocation had expired years earlier; failing to apply for reinstatement didn’t extend either, and the conviction was reversed. A revocation with no definite end date works differently, which is exactly why every case should be checked.
Whether it happened on a highway. The statute reaches driving on a highway. A private filling station lot, a posted access road to a government facility, and a road completely closed to the public have all been held not to qualify.
How the arrest happened. Driving suspended is complete when the driving stops. Where an officer arrived afterward and made a warrantless arrest on that charge, the arrest was held unlawful because no part of the offense happened in the officer’s presence.
Frequently Asked Questions
My suspension period ended. Can I drive now?
Not necessarily. Virginia law prohibits driving until your license has actually been reinstated or reissued. Driving after the suspension period ends but before you’ve completed reinstatement can still be a violation.
I didn’t know my license was suspended. Is that a defense?
It can be. Knowledge of the suspension is required, and convictions have been reversed where the DMV record didn’t show you actually received notice. The certified driving record is the key evidence, so it needs to be reviewed closely.
Is there a way to get a driving-on-suspended charge dismissed?
Since 2025, yes, in many cases. If you have no prior violation in the past ten years, the court can dismiss the charge on proof that you’ve come into compliance by your court date. Commercial drivers are excluded.
What’s the difference between driving suspended and driving after a DUI revocation?
Ordinary suspensions fall under § 46.2-301. Suspensions that came from a DUI or refusal fall under § 18.2-272, which is more serious — three violations in ten years is a felony, and driving with a blood alcohol level of 0.02 or more is itself a crime.
I’m on a restricted license after a DUI. Can I drive after one drink?
That’s risky. If your restriction came from a DUI-related offense, driving with a blood alcohol content of 0.02 percent or more is a crime, even if you’re otherwise following every term of your restricted license.
This page is part of a broader cluster: for the full picture, see my DUI and driving offenses overview.
About the Attorney: Sheryl Shane
Sheryl Shane is a Virginia criminal defense attorney with more than 31 years of criminal defense experience, defending clients throughout Northern Virginia since 2000 in Fairfax, Arlington, Prince William, Loudoun, and Alexandria. A former arbitration judge and Guardian ad Litem, she maintains a deliberately small practice and personally handles every case she takes — from the first consultation through final resolution. Her office is located just minutes from the Fairfax County Courthouse.
This page was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I. This is attorney advertising; past results do not guarantee a similar outcome in any future case.
Contact Sheryl Shane
Sheryl Shane
Virginia Criminal Attorney
Office Address
4015 Chain Bridge Road
Fairfax, VA 22030
Phone
(703) 582-8119
Serving clients throughout Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, and Northern Virginia.
This page provides general information about Virginia law and is not legal advice for any specific situation. Reading it, or contacting Virginia Criminal Attorney through this website, does not create an attorney-client relationship, and information sent before a formal engagement is established may not be treated as privileged or confidential.