Administrative License Suspension in Virginia: What Happens to Your License After a DUI Arrest

The information in this article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Consult a licensed Virginia attorney about your specific situation. Reading this article does not create an attorney-client relationship nor does merely contacting our office through this website or any other means.

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Your License Can Be Suspended Before You Are Convicted

Most people arrested for DUI in Virginia understand that a conviction could affect their driving privileges. What surprises many is that Virginia law allows the state to suspend your driver’s license at the moment of arrest, well before any court hearing or conviction.

This is called an administrative license suspension (ALS), and it is one of the most immediate and disruptive consequences of a DUI arrest in Virginia. Understanding how it works, how long it lasts, and what your options are can help you navigate the critical period between your arrest and your court date.

What Is an Administrative License Suspension?

An administrative license suspension is a civil, non-criminal action taken by the Commonwealth against your driving privileges. It is separate from the criminal DUI charge itself and is governed by Virginia Code § 46.2-391.2.

The ALS is not a punishment for a conviction. It is an administrative measure triggered by the circumstances of your arrest, specifically your breath or blood test result, or your refusal to take a test. You can face an ALS even if the criminal DUI charge is later reduced or dismissed.

What Triggers an ALS in Virginia?

Virginia law triggers an ALS in two circumstances:

1. Test result at or above the legal limit

If you submit to a breath or blood test and your blood alcohol concentration (BAC) registers at or above 0.08 percent (or 0.02 percent if you are under 21, or 0.04 percent if you hold a commercial driver’s license), the arresting officer is required to take your license on the spot and issue a temporary license in its place.

2. Unreasonable refusal of a breath or blood test

Virginia’s implied consent law, found at Virginia Code § 18.2-268.2, provides that any person who operates a motor vehicle in the Commonwealth is deemed to have consented to a breath or blood test if lawfully arrested for DUI. If you refuse a test, and the refusal is found to be unreasonable, your license is subject to administrative suspension as well, and you may face a separate civil penalty for the refusal itself.

How Long Does the ALS Last?

The length of the administrative suspension depends on your circumstances:

• First offense DUI (test result at or above 0.08 percent): 7-day administrative suspension
• First offense refusal: 7-day administrative suspension, plus a civil finding of refusal can result in a 12-month suspension of driving privileges
• Second or subsequent offense: 60-day administrative suspension, or until trial, whichever is sooner

These are the ALS periods. They run from the date of arrest and are separate from any suspension that may follow a criminal conviction.

The Temporary License and What It Means

When the officer takes your license, you typically receive a paper document that serves as a temporary permit. This document is important: it outlines the duration of your suspension and, in some cases, may authorize you to drive for certain limited purposes during the suspension period.

Read the temporary document carefully. It will indicate when your administrative suspension begins and ends. Many people make the mistake of assuming their driving privileges are unaffected during this period.

Can You Get a Restricted License During ALS?

In some cases, Virginia allows a restricted license during the administrative suspension period, permitting driving for limited purposes such as:

• Travel to and from work
• Travel to and from school
• Medical appointments
• Travel to and from VASAP (Virginia Alcohol Safety Action Program) meetings

The availability of a restricted license during ALS and the conditions attached to it depend on the specific facts of your arrest. Eligibility typically requires enrollment in VASAP. A restricted license does not give you full driving privileges, and driving outside the authorized purposes can result in separate criminal charges.

Challenging an Administrative License Suspension

Virginia law provides a limited right to challenge an ALS. Under Virginia Code § 46.2-391.2, you may petition the General District Court in the jurisdiction where the DUI charge is pending to review the suspension.

The grounds for challenging an ALS are narrow. Courts examining an ALS challenge typically look at whether:

• The officer had probable cause to make the DUI arrest
• The officer properly followed the procedures required by Virginia law for breath or blood testing
• The test result or refusal was properly recorded and documented

An ALS challenge is not a full hearing on the merits of the criminal DUI charge. It is limited to procedural and foundational questions. Courts do not always grant relief even when procedural questions are raised, and the standard for review is specific to the statutory criteria.

If you intend to challenge your ALS, timing matters. The window to seek review is limited, and missing it generally forecloses the administrative challenge, regardless of what happens with the criminal charge.

ALS and the Criminal DUI Case: Two Separate Proceedings

A point that causes significant confusion: the administrative license suspension and the criminal DUI case proceed on separate tracks.

• The ALS is civil and administrative. It is resolved according to its own rules and timeline.
• The criminal DUI charge is a separate matter pending in General District Court or, for felony DUI, Circuit Court.

This means:

• The ALS can be upheld even if the criminal charge is dismissed
• The criminal charge can result in conviction even if the ALS challenge succeeds
• A criminal DUI conviction carries its own separate license suspension, which is imposed by the court at sentencing and is distinct from the ALS

If you are convicted of DUI in Virginia, the court imposes a license revocation period under Virginia Code § 18.2-271, which begins at the conclusion of the criminal case. This is separate from, and in addition to, the ALS you already served.

VASAP: The Virginia Alcohol Safety Action Program

Whether you are dealing with an ALS, a restricted license, or a conviction, you are likely to encounter VASAP, the Virginia Alcohol Safety Action Program. VASAP is a statewide program that provides alcohol and substance abuse education, assessment, and treatment services.

Completion of VASAP is typically required before full driving privileges can be restored after a DUI-related suspension or revocation. VASAP can also be a condition of receiving a restricted license during the ALS period.

The program involves an intake assessment, mandatory classes, possible referral for additional treatment, and compliance monitoring. Failing to complete VASAP requirements, or being terminated from the program for non-compliance, can affect your ability to restore your license and may have implications for your criminal case.

Out-of-State Drivers

If you hold a driver’s license issued by another state but are arrested for DUI in Virginia, the ALS affects your privilege to drive in Virginia. Virginia will report the suspension to your home state through the Driver License Compact, which most states participate in. Your home state may then impose its own suspension based on the Virginia action. The interaction between Virginia’s ALS and your home state’s procedures varies by state.

What to Do After a DUI Arrest in Virginia

The period immediately following a DUI arrest involves overlapping deadlines and decisions. The ALS begins immediately. The window to challenge it is short. The criminal case has its own timeline and court date.

Consulting with an attorney promptly after a DUI arrest in Virginia, whether in Montgomery County, Pulaski County, Radford, or elsewhere in the New River Valley, can help you understand your options on both the administrative and criminal fronts before important deadlines pass.

Valley Legal represents individuals facing DUI charges and related license matters throughout the New River Valley of Virginia, including Christiansburg, Blacksburg, and surrounding communities.

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This article is general information only and is not legal advice. Do not rely on this article to make decisions about your specific situation. Contact Valley Legal or another licensed Virginia attorney to discuss your case. Attorney advertising.

Valley Legal, PLLC is located at 107 Pepper St SE, Christiansburg, Virginia 24073, and serves clients throughout the New River Valley of Virginia, including Montgomery County, Blacksburg, Radford, Pulaski, and surrounding communities.