Virginia DUI License Suspension, VASAP, and Ignition Interlock

Reviewed for legal accuracy by Dante Wright, Virginia attorney, on August 24, 2026. A DUI charge, an administrative license suspension, a criminal judgment, a restricted license, VASAP supervision, and ignition-interlock monitoring are related but separate processes. The controlling paperwork and current law must be reviewed together; this guide cannot determine any person’s eligibility, deadlines, or required conditions.

Virginia DUI License Consequences at a Glance

The timeline is an issue-spotting map, not a self-calculating legal deadline. The same person may have more than one active order, and a Virginia restricted permit does not authorize operation of a commercial motor vehicle.

Administrative Suspension Can Begin Before Trial

Virginia Code § 46.2-391.2 creates an immediate administrative-suspension process when its test or refusal, charge, and notice conditions are met. The statute states seven days when the charging paper does not allege a second or later offense, 60 days for a charged second offense, and until trial for a charged third or later offense. It also explains when a 60-day suspension expires at trial and permits court review during the suspension.

This process is not a finding of guilt and is not the same as the license consequence of a later conviction. Read the notice itself. Virginia Code § 46.2-391.3 requires the notice to state the reason for suspension and statutory grounds, the effective date and duration, the right to district-court review, and the procedure for requesting that review. Section 46.2-391.2 also contains a separate restricted-license petition provision for certain people suspended after a charged second offense; availability is not automatic.

The Criminal Case and License Case Are Not Interchangeable

The criminal court decides the charged offense from admissible evidence and the governing law. A review or expiration of an administrative suspension does not decide the DUI charge. Likewise, a pending criminal charge does not by itself establish every later VASAP, interlock, or restoration condition.

Preserve the summons or warrant, notice of suspension, breath or blood paperwork, refusal advisement, release conditions, court date, driver’s-license documents, and any prior conviction or restoration orders. The firm’s separate Virginia DUI process guide explains the broader court sequence, while the first-offense DUI guide addresses that narrower charge history.

A Conviction Can Create a New Suspension or Revocation

Virginia Code § 18.2-271 states that a first qualifying conviction operates to suspend the privilege to drive for one year. A qualifying second conviction within 10 years operates for three years. Specified felony or third-and-later convictions produce an indefinite revocation, subject to the separate restoration framework in current law. The section also states that these periods are in addition to the administrative suspension and addresses consecutive operation with specified refusal or prior suspension periods.

Prior-offense identity, similarity, dates, and sequence can be legally and factually contested. Do not decide the applicable tier from a general summary. The exact charging paper, certified record, final order, and current statutes should be compared.

Restricted Driving Depends on Eligibility and the Written Order

Virginia Code § 18.2-271.1 authorizes restricted permits in defined circumstances and lists possible purposes. Its subsection E allows lawful-purpose driving for an offender who was an adult at the time of the offense, was convicted of a first offense under § 18.2-266 or a substantially similar local ordinance, and is eligible under § 18.2-270.1(C). It also describes a separate lawful-purpose route for a person ordered to use remote alcohol monitoring under § 18.2-270.1(E) who has the required functioning interlock system. A court must find the statutory conditions satisfied; neither a web page nor an application guarantees a permit.

The Virginia DMV restricted-driving page distinguishes court-granted restrictions from the narrower categories DMV may grant. It also summarizes different timing rules for first, second, and later DUI convictions. The actual order controls where and when the person may drive. Section 18.2-271.1 states that the court order and, after it arrives, the restricted license must be carried while driving.

VASAP Is a Court-Supervised Program Requirement

Section 18.2-271.1 generally requires a person convicted under the covered DUI provisions to enter and successfully complete a certified alcohol safety action program as ordered by the court. The statute permits pretrial entry, but pretrial enrollment is not described here as a defense strategy or a promise of a particular result. It should be considered only after record-specific legal advice.

A restricted license issued under § 18.2-271.1(E) is conditioned on enrollment within 15 days, successful completion, and installation of an ignition interlock system under § 18.2-270.1. The official VASAP client portal identifies documents used for court-referred, DMV-administrative, and interlock-monitoring enrollment. The VASAP locations directory provides current office information. Confirm instructions with the assigned program rather than assuming that another participant’s schedule applies.

Ignition Interlock Has Its Own Clock and Compliance Rules

Virginia Code § 18.2-270.1 governs ignition interlock and was amended in 2026. Depending on the conviction and order, the system may be required on a vehicle the person operates or on every vehicle owned by or registered to the person in whole or in part. The statute generally uses at least 12 consecutive months without alcohol-related violations for the covered interlock requirements. Under subsection C, however, an offender who was an adult at the time of the offense and was convicted of a first offense under § 18.2-266 or a substantially similar local ordinance may move the court to require a minimum of six violation-free consecutive months if the court orders additional restrictions for the duration of the restricted license. The provision is discretionary, not automatic. Other first-offense, repeat-offense, restoration, remote-monitoring, and employer-vehicle provisions remain distinct.

The statute requires proof of installation within 30 days of the effective date of the order and monitoring and calibration at least every 30 days. It also explains that the interlock period is calculated from issuance of the court restricted license and may be tolled after that order expires until DMV issues its restricted license. The VASAP interlock FAQ describes the agency’s authorization, vendor, installation, calibration, and compliance process. The written order, VASAP direction, and DMV licensing status should be checked together before anyone assumes that time is being credited.

A Restricted License Is Not a Commercial-Driving Authorization

Section 18.2-271.1 states that a restricted license issued under its DUI framework does not permit operation of a commercial motor vehicle and cannot modify a commercial-driver disqualification. The Virginia DMV CDL-disqualification page likewise warns that a person may not operate commercial motor vehicles after a DUI conviction even when a restricted license permits other driving. CDL, employer, federal, and personal-license questions should be reviewed separately.

Before Full Restoration, Request a Current Compliance Summary

Completion of one requirement does not necessarily resolve every order. Before seeking full restoration, compare a current DMV compliance summary with the final court order, restricted-license order, VASAP completion record, interlock-monitoring record, insurance filing requirements, and any refusal or other suspension. Do not rely on the original expected end date when the license or interlock clock may have been tolled or interrupted.

Questions to Ask About a Virginia DUI License Record

• Which current order creates each suspension, revocation, or restriction?
• Is the issue administrative, post-conviction, refusal-related, DMV-imposed, or more than one of these?
• What court has jurisdiction over a review or restricted-license request?
• What does the written order permit, and what documentation must be carried?
• Which vehicles are covered by an interlock order, and when does the credited period begin?
• Are VASAP, DMV, vendor, insurance, or commercial-license requirements still open?

Related Virginia DUI Resources

• Hampton Roads DUI Lawyer
• Virginia DUI Process After an Arrest
• Virginia First-Offense DUI Guide
• Virginia Beach Felony DUI Guide
• Virginia Beach Second-Offense DUI Guide
• Meet the Attorneys
• Contact The Phoenix Trial Firm

This draft provides general information, not legal advice. An attorney must review the charge, orders, driving record, license type, and current law before advising on eligibility or next steps. To ask whether The Phoenix Trial Firm handles the matter, use the contact page or call 757-777-9285.