• 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked

Caught Driving on a Suspended License in Virginia? Virginia Traffic Lawyer Joseph Yoon Is Your Man

Drivers license suspensions can be a common form of penalty for some offenses in the Commonwealth of Virginia, especially for many driving offenses, which can be expected. Regardless of what you got your license suspended for, you likely had your reasons of needing to get back behind the wheel while suspended. However, by doing so, you can now face fines, further suspension of your license, as well as possible jail time.


The general penalty for driving with a suspended license is a Class 1 misdemeanor, which could mean up to 12 months in jail, and a $2,500 fine. A third offense or more within a 10-year period imposes a mandatory minimum jail time of 10 days.

The court can also suspend the driver’s license/driving privileges again for the same amount of time that it was suspended before. So this means it will tack on to the previous suspension term, after the remainder of that suspension is served.

If the terms of the initial suspension were not explicitly defined, then the court will add on no more than 90 days to the suspension, which will also begin after the first ends.

You might have been facing license suspension if you were not able to fully pay off any required fees. If your license was suspended due to failure or refusal to pay (court) fines/costs from other previous offenses, and then got caught driving and subsequently charged with violation of this code (§ 46.2-301), then the new suspension term will instead run concurrently with the first suspension, rather than starting when the first term is served.

Restricted Licenses

It is possible that the court may allow a “restricted license” through its discretion, should you be deemed eligible, to be used for specific purposes during the actual license suspension. These include for personal reasons such as (as listed under § 18.2-271.1, Subsection E.):

  • Traveling to and from work
  • Traveling to and from alcohol rehabilitation programs or safety action programs
  • Operating a motor vehicle during work hours if one is necessary for work
  • Traveling to and from school
  • Transporting one’s self or immediate dependents for necessary health care services
  • Transporting a minor to school, daycare, and medical services
  • Religious/worship activities one day per week
  • Traveling to and from job interviews

And also for purposes that may be required by the courts, like:

  • Traveling to court ordered visitations with a child
  • Traveling to a screening, evaluation, and education program for prior offenses
  • Traveling to and from subpoenas court appearances; other probationary purposes
  • Required child support purposes
  • Serving jail sentences
  • Traveling to ignition interlock facilities

Get The Strong Legal Support You Need

When you contact Traffic Attorney Joseph Yoon, you’ll be provided guidance and expertise on how you can build defenses to reduce suspensions/related penalties, or to acquire a restricted license. If applicable to your situation, license suspensions could possibly be avoided as well. Your reasons for driving on a suspended license can vary in helping your case, but other factors unique to you can also have an impact. If you don’t want to deal with the possibility of jail time and the fines of a Class 1 misdemeanor conviction, as well as the repercussions of a criminal record, get in touch with Yoon Law Firm now for a free and confidential consultation.

Yoon Law Firm, PLLC, located beside the Fairfax County Courthouse, handles driving on suspended license cases in:

Fairfax City
Fairfax County
Town of Herndon
Town of Vienna
Alexandria City
Loudoun County
Stafford County
Fauquier County
Shenandoah County
Spotsylvania County
Hanover County
Henrico County
Richmond City
Prince William County
Manassas City/Occoquan/Dumfries
Arlington County
City of Falls Church
United States District Court for the Eastern District Alexandria Division