Virginia License Suspension Rules
How this state counts violations toward suspension (points or convictions) and how DUI, reckless driving, and excessive speeding factor in.
- Suspension metric
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points
Source: Virginia Driver's Manual, Section 5: Penalties, Driver Improvement Program, p. 29
- Threshold value
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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
- Lookback period (months)
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12 (and 24)
Source: Virginia Driver's Manual, Section 5: Penalties, Driver Improvement Program, p. 29
- DUI treatment under this scheme
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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.
- Reckless treatment under this scheme
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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.
- Excessive speeding treatment under this scheme
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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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