Driving Without a Valid License or on a Suspended License in Virginia

Virginia prohibits driving without a valid license and driving on a license that's suspended or revoked. This article defines this violation, the possible penalties, and the exemptions to the license requirement.

Driving Without a License Laws

Generally, every person who operates a motor vehicle on a Virginia highway must own a valid driver's license and must carry it while driving. (Va. Code §§ 46.2-104, 46.2-300 (2025).)

Penalties for Driving Without a License in Your Possession

Most people have accidentally driven without their driver's license on them. A driver who has a valid license but wasn't carrying it while driving can be charged with an infraction and be required to pay a fine of $10. However, the driver can get the charge dismissed by paying any required court costs and providing the court with a license that was valid at the time of driving. (Va. Code § 46.2-104 (2025).)

Penalties for Unlicensed Driving

Unlike driving without a valid license in your possession, unlicensed driving means you don't have a valid license at all. Unlicensed driving is a class 2 misdemeanor, carrying a fine of up to $1,000 and a maximum of six months in jail. A second offense is a class 1 misdemeanor, punishable by up to one year in jail, a maximum $2,500 fine, and vehicle impoundment. A vehicle impounded for a second offense will remain impounded until the driver obtains a valid driver's license (maximum three days). However, vehicle impoundment doesn't apply to minor drivers or drivers whose licenses have been expired for less than one year. (Va. Code §§ 18.2-11, 46.2-300, 46.2-301.1 (2025).)

According to the Virginia Department of Motor Vehicles website, the driver will also receive three demerit points. for not having a valid license. The court also may suspend an offender's license for up to 90 days. (Va. Code § 46.2-300 (2025).)

Exceptions to the Driver's License Requirement

Non-resident drivers with valid driver's licenses from their home state or country can drive in Virginia without a Virginia license, subject to Virginia age restrictions. However, new residents must obtain an in-state license within 60 days of residency. Active military members—and their spouses and dependent children—don't need to obtain a Virginia license if they have a license from their home state or country. Military members also don't need a Virginia license to drive military vehicles. Farmers temporarily driving tractors or machinery along the highway and road workers driving road machinery are exempt from licensing requirements. (Va. Code §§ 46.2-303, 46.2-305, 46.2-306, 46.2-307, 46.2-308 (2025).)

Dismissal of an Unlicensed Driving Charge

Beginning on July 1, 2025, a driver who didn't own a valid license and who was charged with driving without a valid operator's license may be able to get the charge dismissed. The court may dismiss the charge if the offender can provide proof of current compliance with Virginia's licensing laws. The court may not dismiss the charge if the offender was driving a commercial vehicle. (Va. Code § 46.2-300 (2025).)

Driving on a Suspended or Revoked License

A person who operates a vehicle while on a suspended or revoked license is subject to fines, jail, vehicle impoundment, extended license sanctions, and six driver's license demerit points. (Va. Code § 46.2-301 (2025).)

Penalties for Driving While Suspended

Driving while suspended or revoked is a class 1 misdemeanor, punishable by a fine of up to $2,500 and up to 12 months in jail. The vehicle will also be impounded for 30 days. The driver's license suspension or revocation will be extended for an additional period that's equal in length to the original suspension period. A restricted license may be available to certain drivers. (Va. Code §§ 18.2-11, 46.2-301, 46.2-301.1 (2025).)

Dismissal of a Driving on a Suspended License Charge

Beginning on July 1, 2025, a driver who was charged with driving on a suspended license may be able to get the charge dismissed. The court may dismiss the charge if the offender can provide proof of current compliance with Virginia's licensing laws. The court may not dismiss the charge if the offender had a suspended commercial license or was driving a commercial vehicle. A person can't get the charge dismissed if the suspension is based on a DWI (driving while intoxicated) or refusal. (Va. Code § 46.2-301 (2025).)

Penalties for DWI-Related Driving While Suspended or Revoked

A violator whose license was suspended due to a DWI or refusal will still be guilty of a class 1 misdemeanor, punishable by a fine of up to $2,500 and a maximum of 12 months in jail. The driver's vehicle will also be impounded for 30 to 120 days. Finally, a third offense in 10 years is a class 6 felony. A class 6 felony carries up to five years in prison and a fine of up to $2,500. (Va. Code §§ 18.2-10, 18.2-11, 18.2-272, 46.2-301, 46.2-301.1 (2025).)

Driving while revoked for a DWI also results in an additional one-year revocation. (Va. Code § 46.2-389 (2025).)

Getting Help From a Defense Attorney

Unlicensed driving in Virginia can lead to serious penalties. So, if you're facing this type of charge, you should get legal help. An experienced defense attorney can explain the law and help you decide on the best course of action.