Virginia Traffic Laws: Points, Tickets, License Suspension and DUI

Yes. DMV assigns demerit points (3, 4, or 6 per conviction) and also awards safe driving points (one per full calendar year without violations or suspensions, up to five). Drivers 18 and older with 12 demerit points in 12 months or 18 in 24 months must attend a driver improvement clinic and are placed on six months' probation. With 18 points in 12 months or 24 in 24 months, DMV suspends the license for 90 days and until a clinic is completed (or the driver may choose nine months in the Intelligent Speed Assistance Program plus a clinic). A point-carrying violation committed while on probation brings a 45-, 60-, or 90-day suspension. Drivers under 18 face clinic and probation at 9 points in 12 months or 12 in 24 months.

Speeding 1-9 mph over the limit = 3 demerit points; 10-19 mph over = 4 points; 20 or more mph over = 6 points.

Demerit points stay valid for two years from the date the offense was committed. The conviction itself stays on the DMV record for a separate period listed for each violation (some permanently), unrelated to when the points expire.

Completing a DMV-certified driver improvement clinic subtracts five demerit points (or awards safe driving points if the driver has fewer than five demerit points); a driver can hold no more than five safe driving points. Voluntary attendance earns either the point benefit or an insurance premium reduction, not both, no more than once in a two-year period. If a court orders the clinic, the court decides whether safe driving points are awarded. For a first handheld-phone violation, a court may order a driver improvement clinic instead of a conviction.

Pay in the court named on your summons: general district court tickets through the Judicial System's online payment (select the court, then search by name, case number or hearing date and use "Mark for Payment" on eligible cases; up to five cases per receipt), and circuit court cases through the circuit court payment site. Only prepayable offenses can be paid before court (not reckless driving), and pre-court payment waives the hearing and enters a guilty plea. Online card payments carry a 4% convenience fee; pay before 3:30 p.m. Eastern on the business day before your trial date, or mail payment at least 7 days before court. Unpaid post-court balances go to collection 90 days after the court date.

Follow the reinstatement letter DMV mails you. If you lost or never received it, request a Compliance Summary (a summary of your requirements) and a Driver Transcript through DMV's records transactions. Some requirements can be met without visiting DMV (insurance certification, driver improvement clinic, medical or vision report, VASAP, child support compliance, paying fees); proof of identity, residency and legal presence, knowledge or road tests, and court orders for restricted privileges must be handled in person. Reinstatement fees range from $145 to $220 depending on the suspension or revocation, and certain fees can be paid online.

Grounds include excessive demerit points (90-day suspension at 18 points in 12 months or 24 in 24 months), violations while on probation (45-90 days), DUI (one-year loss of license for a first conviction; three-year revocation for a second within 10 years; indefinite revocation for a third within 10 years), and refusing a breath or blood test (one-year suspension for a first refusal).

0.08 for drivers generally. For drivers under 21, driving after illegally consuming alcohol with 0.02 or more (but under 0.08) is a separate Class 1 misdemeanor.

A first DUI is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500) with a mandatory minimum fine of $250. With a blood alcohol level of 0.15 to 0.20, there is an additional mandatory minimum of five days in jail; above 0.20, ten days. A first conviction also takes away the privilege to drive for one year (in addition to the administrative suspension under § 46.2-391.2), unless a restricted license is granted under § 18.2-271.1.

Unreasonably refusing a breath test after a DUI arrest is a civil offense for a first violation, and the court suspends the privilege to drive for one year (in addition to the administrative suspension). A refusal within 10 years of a prior refusal or DUI conviction is a Class 1 misdemeanor with a three-year loss of driving privileges. Refusing a blood test is a civil offense with a one-year suspension for a first offense.

Ten years. A second DUI within five years carries a mandatory minimum fine of $500 and at least one month in jail (20 days mandatory); within five to ten years, at least one month (10 days mandatory). A third DUI within ten years is a Class 6 felony. DMV revokes the license for three years for a second DUI within ten years and indefinitely for a third within ten years.

For a first suspension while on driver improvement probation, DMV must grant a restricted license on request (if otherwise eligible), for purposes such as work, school, and medically necessary travel with written verification; restricted licenses do not cover commercial vehicles. After a DUI, courts may authorize a restricted license under § 18.2-271.1, and a person whose license was revoked for three DUIs may petition the circuit court for a restricted license with an ignition interlock.

Drivers may not hold a handheld personal communications device while driving a moving vehicle. Exceptions include reporting an emergency and certain emergency and official vehicles. Fines: $125 for a first offense and $250 for a second or later offense; $250 mandatory in a highway work zone. For a first violation, a court may order a driver improvement clinic instead of a conviction.

In Virginia, a 3rd DUI offense committed within 10 years is a Class 6 felony. It carries a mandatory minimum of 90 days in jail (6 months if all three offenses were within 5 years) and a $1,000 minimum fine. A 4th or later offense within 10 years requires at least 1 year of imprisonment. Any DUI after a prior felony DUI, or after a conviction under certain intoxication-related manslaughter or maiming statutes (Va. Code 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5), is also a Class 6 felony, with at least 1 year of imprisonment. A vehicle solely owned and driven by the accused in a felony DUI is subject to forfeiture.

According to Virginia DMV, DUI and DWI convictions stay on the DMV driving record for 11 years. That includes driving while intoxicated, DUI of alcohol or drugs, refusing a blood or breath test, DWI-related maiming or involuntary manslaughter, and driving while suspended or revoked for DWI. Underage 'driving after illegally consuming alcohol' stays for 3 years. Commercial-motor-vehicle alcohol and drug offenses stay permanently. The 6 demerit points themselves count for 2 years from the offense date.

Legal and used. Virginia DMV reported that the August 19 to September 7, 2026 Drive Sober or Get Pulled Over campaign involved 111 Virginia law enforcement agencies conducting 665 saturation patrols and 58 sobriety checkpoints across the Commonwealth.