Virginia suspends your license when you accumulate 18 points within 12 months, 24 points within 24 months, or 36 points within 36 months
Virginia's Department of Motor Vehicles tracks violations using a point system. Each traffic violation carries a specific point value. When your total reaches certain thresholds within certain time windows, the DMV automatically suspends your driving privileges. The suspension is mandatory — there is no discretion involved once you hit the point total.
The three suspension triggers are strict: 18 points in one year, 24 points in two years, or 36 points in three years. This means you could hit the suspension threshold quickly if you receive multiple violations in a short period, or more slowly if violations are spread across three years. The clock resets based on the violation date, not the conviction date, so a ticket from January 2023 still counts toward your 12-month total even if you were not convicted until March 2023.
Key Takeaways
- Virginia suspends your license automatically at 18 points in 12 months, 24 points in 24 months, or 36 points in 36 months — whichever threshold you reach first.
- Common violations carry between 3 and 6 points; reckless driving carries 6 points, speeding 15 mph over the limit carries 4 points, and improper lane change carries 3 points.
- The DMV mails a suspension notice to your address on file, and the suspension takes effect 10 days after you receive the notice unless you request a hearing.
- You can request a hearing before the suspension takes effect, but the hearing officer can only consider whether the violations were properly recorded — not whether the point total is unfair.
- Once suspended, you must wait until your points drop below the threshold before you can request reinstatement, which happens automatically as violations age off your record.
How points are assigned to different violations
Virginia assigns points based on the severity of the violation. Speeding carries between 3 and 6 points depending on how far over the limit you were driving. Speeding 1 to 9 mph over the limit is 3 points; 10 to 19 mph over is 4 points; 20 to 29 mph over is 5 points; and 30 mph or more over is 6 points. Reckless driving is always 6 points, regardless of the circumstances. Improper lane change, failure to yield, and following too closely are each 3 points.
Some violations carry no points at all — these include parking tickets, expired registration, and broken equipment violations. You can receive a ticket for these without affecting your point total, though you still have to pay the fine. Other violations, like driving with a suspended license or hit-and-run, carry 6 points and are more serious. If you are unsure how many points a specific violation carries, you can call the DMV at 804-367-0538 or check the Virginia Code Section 46.2-490, which lists every violation and its point value.
When the DMV sends you a suspension notice
The DMV does not send a warning when you are close to suspension. Instead, you receive a formal suspension notice in the mail once your point total crosses the threshold. The notice states the effective date of the suspension, which is 10 days after you receive it. This gives you a window to request a hearing if you believe the points were recorded incorrectly.
The suspension notice includes instructions for requesting a hearing and the important date for doing so. You must request the hearing in writing before the suspension takes effect. If you do not request a hearing, the suspension becomes effective on the date listed in the notice, and you cannot legally drive. Driving with a suspended license is a separate criminal offense that carries its own penalties.
How to request a hearing before suspension
To request a hearing, you must send a written request to the DMV at the address listed on your suspension notice. The request must arrive before the suspension effective date. You can also request a hearing in person at your local DMV office. The hearing is held before a DMV hearing officer, not a judge, and is conducted by phone or in person depending on the office.
At the hearing, the hearing officer reviews whether each violation was properly recorded in the DMV system. The officer can only overturn the suspension if violations were incorrectly added to your record — for example, if a violation from a different person was mistakenly attributed to you, or if a violation was recorded twice. The hearing officer cannot consider whether you think the point system is unfair or whether you have a good reason for the violations. If the violations are confirmed as accurate, the suspension stands.
How long your license stays suspended
Your license remains suspended until your point total drops below the suspension threshold. Points do not disappear when ready after a certain time — instead, they age off your record on a rolling basis. A violation from January 2023 stops counting toward your 12-month total in January 2024, but it still counts toward your 24-month and 36-month totals until January 2025 and January 2026 respectively.
Once your points fall below the threshold, you can request reinstatement from the DMV. Reinstatement is not automatic; you must contact the DMV and request it. You will need to pay a reinstatement fee, which varies but is typically around $100 to $200. The DMV will confirm that your points are below the suspension threshold before approving reinstatement. After reinstatement is approved, you can legally drive again.
What happens if you receive violations while suspended
If you receive a traffic ticket while your license is suspended, you face additional penalties on top of the suspension itself. Driving with a suspended license is a separate offense that can result in criminal charges, fines, and jail time depending on whether it is a first or repeat offense. A first offense is typically a Class 3 misdemeanor; a second offense within 10 years is a Class 2 misdemeanor; and a third or subsequent offense is a Class 1 misdemeanor.
These charges are separate from the original violations that caused the suspension. This means you could face penalties for the speeding ticket that triggered the suspension, plus separate penalties for driving while suspended. It is important to stop driving when ready once you receive the suspension notice, even if you plan to request a hearing.
Options if you need to drive during suspension
Virginia offers a restricted license in limited circumstances. A restricted license allows you to drive to and from work, school, medical appointments, or court-ordered programs, but not for any other purpose. To obtain a restricted license, you must request one from the DMV before or after your suspension takes effect. The DMV has discretion to grant or deny a restricted license based on your circumstances.
You will need to show that you have a genuine need to drive for one of the permitted purposes and that you have reliable transportation alternatives for other trips. The DMV may require you to install an ignition interlock device if your suspension was related to alcohol or drug violations. A restricted license is not a right — it is a privilege the DMV may grant, and you should contact your local DMV office to discuss your specific situation and what documentation you will need to provide.
How to check your current point total
You can check your driving record and current point total through the Virginia DMV website or by visiting a DMV office in person. To check online, go to dmvnow.com and select "View Your Driving Record." You will need to provide your driver's license number and date of birth. The online record shows all violations on your record, the date of each violation, and the points assigned to each one.
You can also request a certified copy of your driving record by mail or in person. This takes longer but provides an official document you can use if you need to dispute a violation or show your record to an insurance company. Checking your record regularly helps you stay aware of your point total and avoid reaching the suspension threshold unexpectedly.
Frequently Asked Questions
Do points from out-of-state violations count toward Virginia suspension?
Yes. Virginia counts violations from other states if you were driving a vehicle registered in Virginia or if you hold a Virginia license. The DMV receives reports from other states through the Interstate Compact, which shares driving records between states. An out-of-state speeding ticket carries the same points as a Virginia speeding ticket.
Can I get points removed from my record early?
No. Points age off automatically based on the violation date, and there is no way to remove them sooner. Some people believe taking a defensive driving course will remove points, but Virginia does not offer point removal through defensive driving. A defensive driving course can reduce insurance rates, but it does not affect your DMV point total or suspension status.
What if I was not the one driving when I got the ticket?
You are responsible for the ticket regardless of who was driving, because the ticket is issued to the registered owner of the vehicle. If someone else was driving, you can request a hearing and testify that you were not the driver. However, the hearing officer may still find you responsible based on the officer's report. Your best option is to identify the actual driver and have them take responsibility for the ticket through the court system.
Does my suspension affect my ability to get car insurance?
Yes. Insurance companies can see your suspension on your driving record, and most will either deny coverage or charge significantly higher rates. Some insurers specialize in high-risk drivers and will insure you while suspended, but premiums will be much higher. You cannot legally drive without insurance, so if you obtain a restricted license, you must maintain active insurance coverage.
Can I appeal a suspension if I think the point system is unfair?
No. The point system is set by Virginia law, and the DMV has no authority to make exceptions based on fairness or personal circumstances. Your only option is to request a hearing to challenge whether the violations were correctly recorded. If the violations are accurate, the suspension must proceed. Your recourse is through the Virginia legislature if you believe the law itself should change.