Driving in Violation of License Restrictions in Virginia: Penalties, Points & What to Do
Get Your CertificateCharged with violating a restriction on your Virginia driver's license? Learn § 46.2-329 penalties, the 3 DMV points, and how to protect your record.
Take a close look at your Virginia driver's license. If there's a restriction printed on it — corrective lenses, daylight driving only, special vehicle controls — that line isn't fine print. It's a legal condition of your right to drive. Ignore it, and you can be charged with driving in violation of license restrictions.
This is one of the more surprising charges Virginia drivers face, because it often starts with something ordinary: leaving your glasses at home, driving at dusk on a daylight-only license, or borrowing a car that doesn't have the hand controls your license requires. But the law treats it as a Class 2 misdemeanor — more serious than many speeding tickets.
Below, we explain what Virginia Code § 46.2-329 covers, the penalties and DMV demerit points, the insurance impact, and your next steps.
What Is Driving in Violation of License Restrictions in Virginia?
Virginia Code § 46.2-329 allows the DMV, when it issues a license and good cause appears, to impose restrictions suited to the driver's ability — including the type of vehicle you may drive, special mechanical control devices the vehicle must have, or any other restriction the DMV determines is appropriate. Anyone whose license has printed or stamped restrictions and who drives in violation of them is guilty of a Class 2 misdemeanor.
Restrictions commonly come from vision or medical screening. For example, under § 46.2-311, a driver who doesn't meet the standard 20/40 vision requirement but shows at least 20/70 in one or both eyes (and meets the field-of-vision standard) may be licensed to drive only from one-half hour after sunrise to one-half hour before sunset. Typical violations include:
Driving without corrective lenses when your license requires them
Driving outside daylight hours on a daylight-only license
Operating a vehicle without the mechanical control devices (such as hand controls) your license requires
Driving a type of vehicle your license restrictions don't allow
Not sure whether your license carries a restriction? Check the front and back of the card for a restrictions field, and review any paperwork the DMV gave you after a vision screening or medical review. If your circumstances have changed — for instance, you've had eye surgery or no longer need hand controls — don't simply stop following the restriction. Restrictions stay in force until the DMV formally removes them, so contact the DMV about re-testing or updating your license first. Driving as though the restriction were already gone is exactly what § 46.2-329 penalizes.
One important carve-out: if you're driving on a restricted license issued after a DUI under § 18.2-271.1(E) and you violate its terms, the charge falls under § 18.2-272 instead — a different and more serious offense. Our Virginia restricted license guide covers that situation.
The DMV can act on its own, too: if its records show you've failed or refused to comply with a restriction, it may suspend your license after 10 days' written notice, and the suspension lasts until you comply.
Fines & DMV Demerit Points
Consequence | What the law provides |
|---|---|
Offense class | Class 2 misdemeanor (§ 46.2-329) |
Maximum penalty | Up to 6 months in jail and/or a fine of up to $1,000 (§ 18.2-11), plus court costs |
DMV demerit points | 3 points (driving in violation of restricted license) |
Time on DMV record | 3 years from the conviction date; points count for 2 years from the offense date |
Administrative risk | DMV suspension after 10 days' notice until you comply |
The Virginia DMV lists "driving in violation of restricted license (restrictions related to physical limitation, such as mechanical control device)" as a 3-point violation. While the point value is moderate, the criminal classification is not: a Class 2 misdemeanor conviction is a criminal record entry. Read traffic infractions vs. misdemeanors to understand why that matters.
If you're unsure whether you still need a restriction, you can ask the DMV about re-testing — see Virginia DMV vision test requirements.
How It Affects Your Car Insurance
Insurers see license-restriction violations as a red flag because the restriction exists for safety reasons. A conviction can be counted as a violation at renewal, and a misdemeanor may be weighed more heavily than a routine infraction. If the DMV suspends your license for noncompliance, the effect on your coverage can be much larger — some insurers re-rate or non-renew drivers with suspensions.
The best protection is to comply with the restriction going forward, resolve the charge carefully, and offset the points. For more, read how Virginia traffic tickets affect insurance rates.
What to Do After a License Restriction Charge
Contest the charge if you have a defense. For example, maybe you were wearing contact lenses that satisfy a corrective-lens restriction, the restriction had already been removed, or the time of the stop falls within your permitted hours. Bring documentation such as an eye exam or DMV paperwork. Many drivers consult a traffic attorney for misdemeanor charges; see preparing for a Virginia traffic court appearance.
Pay only after thinking it through. Accepting the charge means a misdemeanor conviction and 3 demerit points. Review your plea options first.
Take the driver improvement course. Completing a DMV-approved driver improvement course voluntarily adds 5 safe-driving points, more than offsetting the 3 demerit points — and it shows the court you're taking driving safety seriously. Senior drivers may also find our course guide for senior drivers helpful.
Monitor your record. Check your Virginia driving record after the case closes, and watch for any DMV notice about a compliance suspension.
Which ABC course code applies to you?
When you register, you'll pick a course code that matches why you're taking the driver improvement course. Choosing the right one makes sure your completion is reported correctly.
Code | Meaning |
|---|---|
DMV | DMV Assigned |
INS | Insurance Requirement |
VOL | Voluntary (Refresher) |
YCT | Court Assigned (Points) |
NCT | Court Assigned (No Points) |
Not sure which fits? If you're taking the course on your own to add safe-driving points or earn an insurance discount, choose VOL or INS. If a judge ordered it, choose YCT or NCT based on whether points are involved. If the DMV ordered it, choose DMV.
Frequently Asked Questions
Is driving without my glasses illegal in Virginia? If your license carries a corrective-lens restriction, yes. Driving in violation of a printed license restriction is a Class 2 misdemeanor under § 46.2-329.
How many points is a license restriction violation in Virginia? The DMV assigns 3 demerit points. The points count for two years from the offense date, and the conviction stays on your DMV record for three years.
Can the DMV suspend my license for not following a restriction? Yes. If DMV records show you failed or refused to comply with a restriction, the DMV may suspend your license after 10 days' written notice, and the suspension stays in effect until you comply.
Get Back on Solid Ground
A license-restriction charge is a misdemeanor with points attached — act early to protect your record. The ABC Driving Improvement course is 100% online, DMV-approved, and self-paced, adds 5 safe-driving points to your record, and can qualify you for an insurance discount that outlasts the ticket.
Enroll today for $74.99. The course is DMV-approved and protected by our 30-day money-back guarantee — there's nothing to lose by starting now.
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Driving in violation of restrictions printed on a Virginia driver's license is a Class 2 misdemeanor under Va. Code § 46.2-329 (up to 6 months in jail and/or a $1,000 fine) and carries 3 DMV demerit points; the DMV can also suspend your license until you comply.
Which Course Code Do You Need?
Check your court paperwork or DMV letter for your assigned code.
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