Driving on a DUI-Suspended License in Virginia (§ 18.2-272): Penalties, 6 Points & What to Do

Your license was suspended after a DUI. Weeks go by, you need to get to work, and you decide one short drive won't hurt. Then you're stopped for a burned-out tail light, and the officer runs your license. Now you're facing a charge under Va. Code § 18.2-272, driving after forfeiture of license.

This is not an ordinary driving-on-suspended charge. Because the suspension came from an alcohol offense, the conviction carries 6 DMV demerit points, stays on your record for 11 years, and can lead to more revocation time and, in some cases, mandatory jail. This guide explains the law, the penalties, the insurance impact, and how a DMV-approved driver improvement course fits into your recovery.

What Is Driving After Forfeiture of License in Virginia?

Va. Code § 18.2-272(A) makes it a crime to drive a motor vehicle on a Virginia highway while you are barred from driving because of an alcohol-related offense. That includes a bar that comes from:

• a DUI conviction or certain related offenses, including refusal under § 18.2-268.3;

• a court-ordered license suspension under § 18.2-271 or an administrative suspension under § 46.2-391.2;

• a DMV revocation under § 46.2-389 or § 46.2-391; or

• violating the terms of a restricted license issued after a DUI.

The statute also covers two related situations. Under § 18.2-272(B), it is a separate offense to drive with a blood alcohol content of 0.02% or more while your privilege is restricted, suspended or revoked for DUI and similar offenses. Under § 18.2-272(C), driving without a required ignition interlock is a Class 1 misdemeanor. See our guides to the Virginia ignition interlock device and the Virginia restricted license.

If your license was suspended for a non-alcohol reason, such as unpaid fines or too many points, the charge is usually the general driving-on-suspended offense instead. Read license suspension vs. revocation to see the difference.

Fines & DMV Demerit Points

A violation of § 18.2-272(A) is a Class 1 misdemeanor, except as otherwise provided in § 46.2-391. Under Va. Code § 18.2-11, a Class 1 misdemeanor is punishable by up to 12 months in jail and a fine of up to $2,500, either or both. You also face an additional administrative license revocation by the DMV under §§ 46.2-389 and 46.2-391.

The penalties climb fast:

• Three violations of § 18.2-272 within 10 years is a Class 6 felony.

• Two or more convictions within 10 years lead to a 3-year revocation under § 46.2-391(A).

• If your license was revoked under § 46.2-391 (for repeat DUI) and you drive anyway, § 46.2-391(D) sets a mandatory minimum of 10 days in jail for a first offense. If the driving endangered others, or it's a second or later offense, it becomes a felony with a mandatory minimum of one year.

Bottom line: this charge can add jail time and years of revocation on top of your original DUI penalties. Talk to a Virginia attorney before your court date.

Learn how revocations work after DUI in our guides to Virginia DUI laws and habitual offender license restoration.

How It Affects Car Insurance

Insurers treat driving while revoked for DUI as a major violation. Combined with the underlying DUI, it can lead to non-renewal or a move into high-risk coverage. After a DUI-related conviction, Virginia generally requires you to carry an FR-44 certificate with higher liability limits before your license is reinstated. See Virginia FR-44 insurance requirements and insurance points vs. DMV points.

What to Do After a § 18.2-272 Charge

1. Decide whether to contest it. This is a criminal charge, so get legal advice. Key questions: Was your license actually suspended or revoked on the date you drove? Did you receive notice? Was the suspension for an alcohol offense, or for something else? Were you driving within the terms of a valid restricted license? See traffic lawyer vs. driver improvement course.

2. Or resolve the case. Class 1 misdemeanors usually can't be prepaid, so expect to appear in court. A conviction adds 6 points and an 11-year record entry, and the DMV will extend your revocation.

3. Take the driver improvement course. A voluntary 8-hour Virginia course adds +5 safe driving points once every 24 months, which helps balance the 6 points. If a court or the DMV orders the course, register with the matching code. Any alcohol program the court requires (such as VASAP) is separate; see VASAP vs. driver improvement course. Enroll online and finish at your own pace.

4. Monitor your driving record. Confirm your reinstatement requirements and dates with the DMV, and don't drive until your privilege is fully restored or you hold a valid restricted license.

Virginia Driver Improvement Course Codes Explained

When you register for a Virginia driver improvement course, you choose a reason code. The code tells the DMV why you are taking the class and whether you should receive the +5 safe driving points.

Most drivers who sign up on their own choose VOL, which credits +5 safe driving points once every 24 months. If a judge sent you, use YCT or NCT based on your court paperwork, because the court decides whether you receive safe driving points. Not sure which code fits? Ask us before you start.

Frequently Asked Questions

Is driving on a DUI-suspended license worse than a regular suspended license in Virginia?
Yes. Va. Code § 18.2-272 applies when the bar comes from an alcohol offense. It is a Class 1 misdemeanor carrying 6 DMV points for 11 years, and repeat violations can become felonies with mandatory jail.

How many points is driving after forfeiture of license?
The DMV assigns 6 demerit points for driving while your license is suspended or revoked for DUI. Driving with a BAC of 0.02% or more while suspended for DUI carries 4 points. Both stay on your DMV record for 11 years.

Can a driver improvement course remove a § 18.2-272 conviction?
No. The conviction stays on your record. A voluntary course adds +5 safe driving points that offset demerit points in your point balance, and it can help show the court and insurers you're taking safety seriously.

Enroll Today and Start Rebuilding Your Record

Getting back on the road the right way starts with a single step. Rebuild your point balance and your safe-driving habits. Enroll today — $74.99, DMV-approved, 30-day guarantee. Start your 8-hour Virginia driver improvement course now, 100% online.