What Happens If You Get Caught Driving After Your License Is Suspended for DWI in Fairfax, Virginia

What Happens If You Are Caught Driving After Your License Was Suspended From a DWI?


If you are caught driving when your license was suspended for a DWI, you may face a possible conviction under 18.2-272.  Unless you have previously been convicted of a driving on suspended these charges can often be resolved with no jail time.  However, the tangential impacts of such a conviction can be much worse.  The DMV will suspend your license for at least a year.  The DMV suspension is typically equal to the length of time that your original suspension was for.  So if you were caught driving during a 12 month suspension, the DMV will add another 12 month suspension on to the end.  During that period of suspension you will not be eligible for a restricted license and will essentially have to walk everywhere.  Regardless of whether you lose your job or cannot provide for your family you will not be able to drive at all.


Additionally, you will likely be subject to receiving some or not all of your suspended jail time imposed.  In most Fairfax DWI cases, the initial sentence is 30 days of suspended jail time.  If you are caught in violation of your initial sentence you will likely have to face a judge who can impose some or all of that sentence.


The 18.2-272 charge applies if:


  • You are driving and do not have a restricted license
  • You are driving outside the terms of your restricted license (either time and/or location)
  • You are driving after drinking (the limit is .02)


Regardless, the potential punishments are severe, and great caution should be taken by anyone with a restriced license to avoid being found in violation.


If your license has been revoked as a result of multiple prior convictions for DWI, the jail time is significant.  You are looking at 10 days for a first time violation and 1 year for a second violation.  It cannot be stressed enough how much people should avoid driving if your license is revoked for multiple DWIs.


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Email faraji@fairfaxcriminallawyer.com

10560 Main Street • Suite 310 • Fairfax, Virginia 22030

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