What Are the Consequences of Driving Without a Valid License in Virginia

1. Home
2. Frequently Asked Questions
3. What Are the Consequences of Driving Without a Valid License in Virginia

The state of Virginia traffic laws generally prohibit any person without a license from driving on a highway. Without proof of license, you are not considered a valid driver. Depending on whether it is your first offense or not, driving without a license in Virginia might result in jail time and a hefty fine.

Some situations can worsen your punishment for driving without a license in Virginia, as well as extended license sanctions where exceptions are provided. Our traffic defense attorneys answer the frequently asked questions about unlicensed driving in Virginia, what the state’s laws perceive as an infringement, and the associated penalties.

IN THIS ARTICLE

• LICENSE REQUIREMENT REGULATION IN VIRGINIA
• CONSEQUENCES FOR FIRST-TIME UNLICENSED DRIVERS IN VIRGINIA
• VIRGINIA’S PENALTY FOR DRIVING WITHOUT A LICENSE MULTIPLE TIMES
• PENALTIES IN VIRGINIA FOR DRIVING ON A SUSPENDED LICENSE
• DRIVING ON A VIRGINIA LICENSE THAT HAS EXPIRED
• ILLEGAL DRIVING’S IMPACT ON INSURANCE RATES
• DRIVER’S LICENSE EXCEPTIONS FOR NEW VIRGINIA RESIDENTS
• STEPS OF REINSTATING A REVOKED OR SUSPENDED VIRGINIA DRIVER’S LICENSE

LICENSE REQUIREMENT REGULATION IN VIRGINIA

No one may operate a motor vehicle on any highway in the Commonwealth unless they are exempt from driving without a license under Virginia Code 46.2-303 through 46.2-308. 

That person must also have applied for a driver’s license as specified in this article, successfully passed the test required by 46.2-325, and obtained a driver’s license. Additionally, the license must be valid.

For a Free Legal Consultation
Call The Personal Injury Lawyer Hotline.
804-250-5050

CONSEQUENCES FOR FIRST-TIME UNLICENSED DRIVERS IN VIRGINIA

Even if this is your first offense for driving without a license in Virginia or with a restricted license, you could face serious consequences. Driving without a license is a Class 2 misdemeanor that carries a maximum six-month prison sentence and a $1,000 fine. 

The suspension of driving privileges or revocation of a driver’s license may result from violations such as speeding, driving under the influence of alcohol, reckless driving, and other offenses.

Let the Heavy Hitters® Take On Your Case 804-250-5050

VIRGINIA’S PENALTY FOR DRIVING WITHOUT A LICENSE MULTIPLE TIMES

A Class 1 misdemeanor, punishable by up to one year in jail and a fine of up to $2,500, is the punishment for a second or subsequent offense. If you are charged with a criminal offense, like driving under the influence, the court or Virginia’s Department of Motor Vehicles has the right to suspend your license for up to 90 days. 

Your car might also be impounded, and when you go to collect it, you’ll be charged storage and impounding fees. Your car will be kept for a maximum of three days, though you might be able to have it back sooner if you become a licensed driver.

Central Virginia's Top Rated Personal
Injury Lawyers 804-250-5050

PENALTIES IN VIRGINIA FOR DRIVING ON A SUSPENDED LICENSE

The common violation of driving when your license is suspended or revoked in Virginia is a Class 1 misdemeanor and carries additional license suspensions, license revocations, and vehicle impoundment as punishments. A heavy fine of up to $2,500 may also be imposed.

Serious offenses may result in prison terms of up to one year. A sentence of at least ten days in jail is necessary for a third or subsequent crime within ten years. The third offense of driving while intoxicated related to a license suspension carries a Class 6 felony sentence of up to five years in prison.

Let Us Be The Heavy Hitters® For Your Case Speak To An Attorney Now

DRIVING ON A VIRGINIA LICENSE THAT HAS EXPIRED

In Virginia, most driver’s licenses expire after eight years. The DMV is not permitted to provide a driver’s license for more than eight years or less than five years, according to Code of Virginia 46.2-330. The motorist will have until their birthday in the year of the license’s final year of validity to renew after the issuing period has passed.

It is illegal to drive while your license is expired and not renew it. You will be penalized with a Class 2 misdemeanor for the first violation and a Class 1 misdemeanor for the second. For a first offense, a conviction can result in a driver’s license suspension of up to 90 days, a fine of up to $1,000, and/or up to 6 months in jail.

However, many Virginia municipal courts frequently impose fines of roughly $100 for operating a vehicle with a suspended or expired license, particularly if the motorist has a strong defense or a license lawyer representing them.

IMPACT ON INSURANCE RATES

Your insurance company is unlikely to alter your insurance premium rate if you are caught driving without a license because you left it at home. However, the majority of police officers will record the incident on your driving record. Your insurer’s price will change if you are arrested for driving without a license a second time or get into an accident with a suspended license.

Once you get back on the road, there’s a potential that your insurance rates may be much higher as subsequent offenses assign license demerit points to your driving record. It can be more difficult for you to get insurance in the future if you don’t have it when you first lose your license.

Those caught driving with a license that has been suspended or revoked in Virginia are swiftly punished, as it is deemed a subsequent violation. If you are caught driving on an invalid license in Virginia for the first time, the license penalty may cause insurance companies to raise your premium. Some carriers can even decide to revoke your coverage.

DRIVER’S LICENSE EXCEPTIONS FOR NEW VIRGINIA RESIDENTS

After moving to Virginia, new residents have 60 days to obtain a new state driver’s license. The repercussions if you wait too long and are apprehended by the police can vary. You might get away with it if your previous license from out-of-state is still valid and you are instructed to transfer your license as soon as feasible.

However, if it has expired and there’s no proof of a new renewal, it will be handled just like any other license that has run out of time. Whether an out-of-state license is considered to be driving without a license after the 60-day window has passed is up to the court.

STEPS OF REINSTATING A REVOKED OR SUSPENDED DRIVER’S LICENSE

If your license has been suspended or revoked as a consequence of driving without a valid license in Virginia, consult a license attorney to determine whether there are any measures you need to take before pursuing reinstatement. Once your legal path is clear, you can engage with a DMV official to fulfill the requirements of the state, such as:

• Showing an SR22 or FR44 from your insurance company
• Participating in a driver improvement course
• Participating in the Virginia Alcohol Safety Action Program and completing an intervention interview
• If necessary, submitting proof of payments to local jails
• Purchasing and submitting proof of comprehensive car insurance coverage
• Paying Virginia’s reinstatement fees that range between $145 and $220

When applying for a reinstated license in Virginia, you must additionally present documentation of your identification and place of residence. Before becoming a licensed driver again, you could be required to retake your road knowledge and skills exam. Under most circumstances, reinstatement can be initiated by submitting a request online or over the phone.

The Pendleton Law Team Is Here For You 804-250-5050