Virginia · DUI · Checked October 2026
DUI License Suspension in Virginia: Hearing Deadline and Hardship License
DUI License Suspension in Virginia: What Are the Rules?
How Virginia suspends your license after a DUI arrest, and how to get driving privileges back.
- How it is counted
- You may request review at any time during the administrative suspension; no fixed deadline is stated
- Failed test
- 7 days (first); 60 days or until trial (second); until trial (third or subsequent)
- Refused test
- 7 days (first); 60 days or until trial (second); until trial (third or subsequent)
- Hardship license
- Restricted license (restricted permit)
How to Request a Hearing in Virginia
Ask the general district court (or the juvenile court) of the jurisdiction where you were arrested to review the suspension; the court must review it within the same time it hears a bail appeal
Suspension if You Fail a Test in Virginia
7 days (first); 60 days or until trial (second); until trial (third or subsequent)Va. Code § 46.2-391.2(A), (C)
Suspension if You Refuse a Test in Virginia
7 days (first); 60 days or until trial (second); until trial (third or subsequent)Va. Code § 46.2-391.2(A), (C)
Getting a Restricted License (Restricted Permit) in Virginia
The court may issue a restricted license for good cause to a person who enters VASAP, for listed purposes such as work, school, medical care, VASAP, court and probation, child care transport and religious worship once a week. For a first adult offense the only restriction is an ignition interlock for at least 12 consecutive months. Not valid for commercial vehicles. It cannot start before the first 7 days of the administrative suspension pass.
Official source: getting a restricted license (restricted permit) (Virginia)
More on DUI Law in Virginia
See the full overview of DUI laws in Virginia and read about hardship licenses in every state.
This page summarizes Virginia law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Virginia can advise on your case.
Frequently Asked Questions
How Long Is the License Suspension for Failing a Test?
7 days (first); 60 days or until trial (second); until trial (third or subsequent)
Can You Get a Hardship License in Virginia?
The court may issue a restricted license for good cause to a person who enters VASAP, for listed purposes such as work, school, medical care, VASAP, court and probation, child care transport and religious worship once a week. For a first adult offense the only restriction is an ignition interlock for at least 12 consecutive months. Not valid for commercial vehicles. It cannot start before the first 7 days of the administrative suspension pass.