Virginia DUI & License Suspension — What Happens

License consequences are often the most immediately disruptive part of a DUI/DWI case in Virginia. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §46.2-391.2.

• First-offense (failed test): License (or privilege to drive) suspended immediately upon arrest; the suspension period is 7 days for a first charge, 60 days if charged with a second offense, and until the day and time of trial if charged with a third or subsequent offense
• First-offense (refusal): 1-year license suspension (civil penalty, no restricted license); second refusal within 10 years is a Class 2 misdemeanor with 3-year suspension

Virginia does not offer a restricted or hardship license during the administrative suspension period. No restricted permit may be issued before the first seven days of the administrative suspension have expired. A person suspended after being charged with a second offense may petition the general district court where the charge occurred for a restricted license and installation of an ignition interlock system. Restricted license available upon conviction for travel to/from work, school, medical appointments, ASAP classes, and other essential purposes. IID installation required as condition of restricted license for all DUI convictions.

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

mandatory as a condition of a restricted license for convictions under clauses (i), (ii), or (iv) of §18.2-266 (alcohol or combined alcohol-drug) and under §18.2-266.1; for a first offense under clauses (iii) or (v) of §18.2-266 (drug-based), the court may — but need not — impose it. The minimum IID period is 12 consecutive months (first offense; a six-month minimum is available only upon the offender's motion if additional restrictions are ordered); 12 consecutive months (second or subsequent offense and after license restoration); court may impose longer periods. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).