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Virginia · State Facts

Virginia License Suspension Rules

How this state counts violations toward suspension (points or convictions) and how DUI, reckless driving, and excessive speeding factor in.

Threshold value

18 demerit points in 12 months (or 24 demerit points in 24 months)

Source: Virginia Driver's Manual, Section 5: Penalties, Driver Improvement Program, p. 29

DUI treatment under this scheme

DUI is treated as a direct-action offense in Virginia, separate from the demerit-points scheme. On arrest, DMV automatically suspends the driving privilege under the Administrative License Suspension (seven days for a first offense). On conviction, the court and DMV impose an additional suspension or revocation, fines, and possible jail time, and may require an ignition interlock device. Operating a motor vehicle while suspended or revoked for DUI, or operating without a required ignition interlock device, is itself a suspendable/revokable offense. Multiple DUI convictions stack: suspension and revocation periods run consecutively.

Source: Virginia Driver's Manual, Section 5: Penalties, Conviction-Related Suspensions and Revocations, p. 28, and Administrative License Suspension, p. 30

Reckless treatment under this scheme

Reckless driving is treated as a direct-action offense in Virginia. The manual lists reckless or aggressive driving among the convictions for which the court may suspend or revoke the driver's privilege. Reckless driving is a criminal misdemeanor: the court may impose a fine, suspend the driving privilege, and/or impose a jail sentence. If a reckless-driving incident results in death and the operator's license was suspended or revoked at the time, the offense can be charged as a felony. Aggressive driving (intent to harass, intimidate, injure, or obstruct another driver while committing another traffic offense) can carry a license suspension of ten days up to six months on conviction. Reckless driving also carries demerit points on the driving record, on top of any direct license action.

Source: Virginia Driver's Manual, Section 3: Safe Driving, Speed Limits, p. 14 and Aggressive Driving, p. 23; Section 5: Penalties, Conviction-Related Suspensions and Revocations, p. 28

Excessive speeding treatment under this scheme

Virginia charges excessive speeding as reckless driving, a criminal misdemeanor: driving 20 or more MPH above the posted limit, or driving over 85 MPH at any posted limit, qualifies. On conviction, the court may impose a fine, suspend the driving privilege, and/or impose a jail sentence, in addition to demerit points on the driving record. There is an additional $100 fine for driving between 81 and 85 MPH in a 65-MPH zone. If excessive speeding results in death and the driver's license was suspended or revoked at the time, the offense may be charged as a felony.

Source: Virginia Driver's Manual, Section 3: Safe Driving, Speed Limits, p. 14

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