Reinstating Driving Privileges

Suspension | Revocation | Disqualification | License Reinstatement Requirements

This information is intended to provide you with a general overview of actions taken by courts and/or the Department of Motor Vehicles (DMV) to suspend, revoke, or disqualify your driving privileges. It will also provide you with general information regarding the reinstatement of your driving privileges.

Suspension, Revocation, and/or Disqualification

Actions to suspend, revoke, or disqualify your driving privileges in the Commonwealth may be imposed by a court, the Department of Social Services, or by DMV, depending on the nature of your violations.

If you are applying for a Virginia driver's license and your driving privilege is currently suspended, revoked, or disqualified in another state, you must first comply with that state's requirements and reinstate your driving privileges there before you can obtain a Virginia license.

The following information will help you distinguish between suspensions, revocations, and disqualifications, as well as provide some examples of the offenses that may result in each type of sanction.

Suspension

A suspension is a temporary withdrawal of your privilege to operate a motor vehicle in the Commonwealth of Virginia. Once you comply with the terms of your suspension, including all reinstatement requirements, DMV will reissue your driver's license. A suspension may result for many different reasons, including, but not limited to:

Failing to pay court fines and costs for convictions for motor vehicle related or non-motor vehicle related violations
Failing to either:

Properly insure and maintain insurance coverage, as required by law, on a motor vehicle that was issued valid license plates

Pay the required uninsured motor vehicle fee

Failing to complete a driver improvement clinic
Failing to pay child support
A court order based on a reckless driving conviction
Providing alcohol to a minor or intoxicated person
Excessive accumulation of demerit points related to convictions for traffic violations (Driver Improvement (DI) Program)
The presence of a physical and/or mental condition that impairs your ability to safely operate a motor vehicle
Failing to satisfy an outstanding judgment related to a motor vehicle crash

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Revocation

A revocation is the complete termination of your privilege to operate a motor vehicle in the Commonwealth of Virginia. Once you comply with the terms of your revocation, as part of your reinstatement requirements, you will be required to take all applicable knowledge and skills tests and pay for a new license. A revocation may result for various reasons, but is typically related to convictions for very serious traffic violations or criminal offenses. Revocation reasons include, but are not limited to:

Driving while intoxicated
Driving while under the influence of drugs or alcohol
Driving while suspended or revoked for driving under the influence of drugs or alcohol
Voluntary or involuntary manslaughter resulting from driving a motor vehicle
Taking a driver's license test for another person, or appearing as another person to renew his or her license
Providing false information in order to obtain a driver's license
Non-motor vehicle related drug violations
Making a bomb threat
Felony violations in which a motor vehicle was used
Failure to stop and disclose your identity at the scene of a crash
Three demerit-point convictions for violations (including safety belt and child restraint violations) committed while under age 18

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Disqualification

A disqualification is the equivalent of a suspension or revocation of your driving privileges, if you hold a Commercial Driver's License (CDL). This action can result in the temporary or complete termination of your privilege to operate commercial motor vehicles, depending on the nature of the traffic violation(s) or criminal offense(s) that led to the disqualification. A disqualification does not affect your regular driving privileges; however, if you are convicted of a violation that does affect regular driving privileges, then your regular driving privileges may also be suspended or revoked. CDL Disqualifications are mandated by both state and federal law and are categorized into four groups:

Serious Offenses, which include:

Excessive speeding
Driving recklessly
Making improper or erratic lane changes
Driving a Commercial Motor Vehicle (CMV) without a CDL

Major Offenses, which include

Driving under the influence of alcohol or drugs
Leaving the scene of a crash
Causing a fatality through the negligent operation of a CMV

Railroad-Highway Grade Crossing Offenses, which include:

Failing to slow or stop, as required by law, at a railroad crossing
Failing to obey a traffic control device or enforcement official at a railroad crossing
Failing to negotiate a crossing because of insufficient undercarriage clearance

Violations of Out-of-Service Orders, which include:

Continuing to operate a CMV after it has been place "out-of-service" by an authorized enforcement official and determined to be a danger to public safety

Please note that CDL disqualifications can also be based on traffic violations you receive while operating a privately owned (non-commercial) motor vehicle.

You can find the current federal disqualification regulations in the Code of Federal Regulations beginning at 49 CFR §383.51. The current state statutes may be found in the Code of Virginia beginning at § 46.2-341.18.
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License Reinstatement Requirements

Reinstatement requirements can vary depending on your individual circumstances. The following are examples of what may be required to reinstate your driving privileges. In some cases, you may only have one requirement, while in others, you may have several.

Examples of requirements that may be satisfied without appearing in person at a DMV customer service center:

Provide proof that court fines and costs have been paid
Provide DMV with an SR22 or FR44 (Certification of Insurance) from an insurance company licensed to do business in Virginia
Attend a driver improvement clinic
Provide DMV with a medical and/or vision report from a physician or nurse practitioner
Provide proof of enrollment in, and completion of, the Virginia Alcohol Safety Action Program (VASAP)
Complete an intervention interview with VASAP
Comply with child support orders issued by the Department of Social Services, Division of Child Support Enforcement
Provide DMV with requested motor vehicle insurance policy information
Provide DMV with proof of a judgment satisfied in full, payment agreement, creditor's consent, or bankruptcy filing
Pay DMV reinstatement fees that can range from $45.00 to $160.00, depending on the nature of the suspension or revocation
Pay any applicable licensing fees

Examples of requirements that must be satisfied by appearing in person at a DMV customer service center:

Provide proof of identification, residency, and/or legal presence
Take any applicable knowledge and road skills tests
Provide a court order allowing restricted driving privileges

You may obtain your specific reinstatement requirements by requesting a personal DMV Compliance Summary. Use it as a reference to assist in reinstating your driving privileges or discussing your requirements with a DMV representative.

You may also pay certain fees online, without the need to visit a customer service center.

If you need to obtain a new license once your driving privileges are reinstated, visit a DMV customer service center.

For more information, contact us.
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