Short answer: Yes, you can temporarily lose your license after a DUI arrest in Virginia — even before your case begins in court.
But how long and why depends on two different suspensions under Virginia law.
This article explains both.
Two Ways a DUI Can Affect Your License
In Virginia, there are two separate license issues after a DUI:
- An administrative suspension after arrest
- A court-ordered suspension after conviction
They are different, and they happen at different times.
Administrative License Suspension (Right After Arrest)
After a DUI arrest, your license or privilege to drive (if you are licensed outside of Virginia) will be suspended immediately if:
- You refuse a breath or blood test, or
- Your test shows a 0.08 BAC or higher
- You are under 21-year-old and your test shows a 0.02 BAC or higher
This is called an administrative suspension.
It happens before you go to court.
How Long Does This Suspension Last?
- 7 days if charged as a first DUI offense
- 60 days if charged as a second DUI offense
- Until trial if charged as a third DUI offense
This suspension is not a conviction.
It is a civil penalty tied to the arrest itself.
License Suspension After a DUI Conviction
If you are convicted of DUI in Virginia, the law requires a mandatory license suspension.
First DUI Conviction
- 1-year license suspension
- Restricted license eligible with 12 months of ignition interlock
This is required by law. Judges do not have discretion to skip it.
What Is Ignition Interlock?
An ignition interlock device is a breath-testing device installed in your vehicle.
- You must blow into it before the car will start
- You must also provide rolling samples while driving
- The device reports results
Can I Get a Restricted License After Conviction for a First Offense?
Yes.
If it is your first DUI offense, you are eligible for a restricted license during the suspension period, but:
- Ignition interlock is required
Why This Matters in Northern Virginia
DUI cases move quickly in Arlington, Alexandria, Fairfax, Loudoun, and Prince William County.
A DUI can affect:
- Your job
- Your family
- Your ability to commute
- Your insurance rates
Understanding these license consequences early matters.
Every case is different, and early legal guidance can make a real difference.
