Complete Guide to Virginia Traffic Laws

From right of way and car accident laws to drunk driving and child seat-belt guidelines, here’s what you need to know about Virginia traffic laws.
Written by Bonnie Stinson
Virginia traffic laws are similar to most other states’ laws: obey posted signs, use your turn signals and drive safely. But there are some unique guidelines (and punishments) in this state that all Virginia drivers should know about.
If you’ve attended driving school, then you know the basics already. Yield to pedestrians, use your turn signal, and don’t drink and drive. But Virginia’s traffic laws are way more complex than that! For instance, who goes first at a four-way intersection when the power is out? How do you handle roundabouts and military convoys? Do you have to report a
car accident
in Virginia? 
Whether you’re new to the road, looking for a refresher, or you’re facing a tense situation and you want to know what to expect, we’ve got answers. Here’s an overview of Virginia’s traffic laws to help you
drive safely
, legally and confidently. 
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Virginia general traffic laws

The
Code of Virginia
governs transportation in this state, with rules for everything from riding animals on highways after sunset to proper railroad crossing behavior. The
Virginia Driver’s Manual
is another helpful tool for understanding Virginia traffic laws. We’ve summarized the most important laws below, so you can drive safely and legally in Virginia.

Driver’s license laws

All drivers must carry a valid driver’s license whenever they drive in Virginia. If you get pulled over by law enforcement, you may be asked to show your license and your
proof of insurance
.
It is against the law to
drive without a valid license
in Virginia. Consequences include fines, jail time, license suspension and demerit points on your driving record.
  • First offense (Class 2 misdemeanor): Fine up to $1,000, up to six months in jail
  • Second offense (Class 1 misdemeanor): Fine up to $2,500, up to 12 months in jail, possible vehicle impoundment and license suspension for 90 days, three demerit points
There are several notable exceptions to licensing requirements under the Code of Virginia. Drivers who may drive without a license in Virginia include people operating a road roller or road machinery under the supervision of the Department of Transportation and people operating farm equipment. 
MORE: What is the Virginia driver improvement program?

Insurance laws

The state of Virginia mandates that all drivers carry a minimum level of
car insurance
. You must carry proof inside your vehicle at all times. Here are the minimum coverage amounts and categories of required car insurance in Virginia
If you get pulled over or get into an accident, you must be able to show proof of insurance. If you cannot, you will be charged with a Class 3 misdemeanor. You will receive a citation and be penalized with a $500 uninsured motor vehicle fee. Subsequent offenses could trigger vehicle impoundment and immediate suspension of your driver’s license. To reinstate your license back, you must pay $145. You can only retrieve your vehicle by providing proof of minimum insurance.
Virginia uses an electronic verification system to determine whether a vehicle is insured. So, drivers can be fined for driving without insurance without ever being pulled over.

Right of way

Pedestrians have the right of way in Virginia at intersections, whether they cross at a marked crosswalk or not. Jaywalking is no longer a crime in Virginia, so pedestrians can only be ticketed for jaywalking as a secondary offense if they are committing some other violation.
The most important rule is that the first vehicle to arrive always has the right of way
When entering a highway from an on-ramp, drivers should yield to traffic already on the highway. There are some roundabouts in Virginia. At a traffic circle, drivers must yield to vehicles and bicycles already in the loop. 
With 27 military bases in Virginia, you’re likely to encounter a convoy. Do not cut off or merge into the convoy.
Drivers are allowed to turn right on a red light in Virginia.
There are special requirements for yielding to emergency vehicles. You must always yield to emergency vehicles that have their lights or sirens on. Drivers should pull over as soon as they can without stopping in an intersection.
Failure to yield properly could result in four demerit points and an $81 fine. If you failed to yield to an emergency vehicle, the fee is $151 plus four demerit points. If your failure to yield resulted in injury, then you could be fined up to $2,000. 

Passing and turning

From changing lanes to managing intersections properly, you must follow right of way etiquette in Virginia when turning:
  • When turning left, you must yield right of way to oncoming traffic and pedestrians (unless there is a separate left-turn signal)
  • When turning right, you must yield right of way to through traffic and pedestrians 
  • When trying to enter a new lane of traffic from the right, you must yield to drivers attempting to enter that lane from the left
  • At a four-way intersection, through traffic has the right of way
Drivers should always use a turn signal when changing lanes or moving their vehicle.
At a two-way stop sign where both vehicles appear at the same time, the one not turning or crossing the line should proceed first. At uncontrolled intersections where multiple vehicles arrive at the same time, the vehicle on the left must yield to the vehicle on the right. Drivers should use the same strategy if traffic signals fail due to a power outage. 
In Virginia, overtaking is when the passing driver does not completely enter the other lane. Passing is when the passing driver drives on the left side of the center dividing lane.
Generally, drivers should keep right. A driver may drive to the left when overtaking another vehicle and giving the required signal, or on a one-way road when there are no obstructions and enough room for two lines of moving vehicles. It’s also allowed in cases where the other driver is turning left and has given the proper signal.
When a driver wishes to pass a refuse collection vehicle, they must have 2 feet of clearance to the left of the vehicle. If passing on a highway, the passing driver must have at least two lanes going the same direction on their side.
For overtaking a bicycle, mobility device, moped or animal-drawn vehicle, the passing driver must have at least 3 feet of clearance at a reasonable speed to the left. If the lane is not wide enough to provide 3 feet of clearance while overtaking, the passing driver should completely change lanes while passing.
Note that “nothing…shall permit a driver of a motor vehicle to cross a solid line designating a bicycle lane to pass or attempt to pass another vehicle” except in emergencies or when directed by law enforcement. 
Drivers may not pass a stopped school bus or motor vehicle for elderly or handicapped persons. If you do, the penalty is $250. 
U-turns are usually legal in Virginia, if the driver can see at least 500 feet in the direction of oncoming traffic—and if there are no signs prohibiting them. 

Parking laws

Virginia has a variety of laws governing when and where you can park, stop and stand (i.e. stop for passengers to embark or disembark). Some counties provide their own regulations, so be mindful that local guidelines vary.
Drivers in Virginia may not park:
  • Within 15 feet of the entrance to a plainly designated emergency medical services agency
  • Within 20 feet from intersection of lines
  • Within 15 feet of intersection of property lines at any highway intersection
  • Within 15 feet of a fire hydrant or entrance to fire station
  • On the highway in front of a private driveway
  • Blocking mailboxes on public or private property

Virginia speeding laws

Driving at a moderate speed keeps you and other drivers safe. Adhering to posted speed limits is a requirement in Virginia. If you go more than 20 mph over the maximum posted speed limit—or if you go faster than 85 mph anywhere—you’ll be charged with reckless driving.

Speed limits

Speed limit signs are posted regularly along Virginia roads. However, it can be helpful to know the general guidelines by road type. 
  • Highways: 55 mph unless otherwise posted (45 mph for trucks on secondary roads numbered 600 or higher)
  • Business and residential areas: 25 mph
  • Unpacked roads: 35 mph
  • On US Routes 17, 23, 29, 58, 301, 360, 460, 501, U.S. Alternate Route 58, State Route 3, State Route 207: 60 mph
In a recent change, Virginia Beach has lowered the maximum speed from the I-264 off-ramp down to 25 mph.
Note that street racing and drag racing are illegal in Virginia. A conviction for this Class 1 misdemeanor could lead to a license suspension or revocation, jail time up to 12 months, and a fine up to $2,500. If someone was injured or died, you will be charged with a felony.
According to the Traffic Infractions and Uniform Fine Schedule, Virginia will charge speeding drivers $6 for every mile per hour over the maximum allowed limit. That’s on top of other fees (like the fine for driving in a school zone or construction zone). 
Breaking the speeding laws will earn you demerits. You’ll get three points for driving less than 9 mph over the limit, four points for driving 10 to 19 mph over, and six points for driving more than 20 mph over the limit.
MORE: Virginia electric vehicle incentives

Move over laws

One more set of laws that Virginia drivers should be aware of are the state’s move over laws. These laws aim to protect first responders from passing traffic 
All motorists on a highway with at least four lanes must move a lane away from vehicles such as ambulances, tow trucks, police cars and utility vehicles. 

Virginia car accident laws

All drivers should know what to do in case of an accident. Under Virginia law, drivers have a duty to stop when there is property damage or bodily injury. The driver should render “reasonable assistance to any person injured in such accident.” 
After an accident, drivers must give the following information to the other parties and law enforcement: 
  • Name
  • Address
  • Driver’s license number
  • Vehicle registration number
Stay at the scene of the accident. A hit-and-run carries serious consequences in Virginia.
If the accident caused death or property damage in excess of $1,000, drivers may be charged with a Class 5 felony for fleeing the scene—a crime punishable by up to 10 years in prison. If the damage was less than $1,000 in damage and you fled the scene, it’s a Class 1 misdemeanor. Drivers can be charged with a misdemeanor if there is any property damage and they flee the scene. 
Reporting the accident is also mandatory. If no report was made at the time of the incident, all persons involved must report it within 24 hours to the State Police or to the local law enforcement agency. This report includes the person’s contact information and any knowledge about the incident.
Note that passengers who fail to report the accident face similar consequences to the driver.

Virginia DUI laws

Under
Virginia’s DUI laws
, drunk or drugged drivers may not operate motor vehicles or watercrafts in Virginia. The legal BAC limit is 0.08. However, any amount of impairment is illegal—and penalties for DUIs are not lenient. 
Open containers are not technically forbidden in Virginia. However, drivers may not drink and the presence of open alcohol containers in the vehicle (including in an unlocked glove box) can make it difficult to prove that the driver was not drinking.
A
first DUI offense
is considered a Class 1 misdemeanor. This triggers a minimum mandatory fine of $250. If the driver’s blood alcohol content was between 0.15 and 0.20, the driver will receive an additional five days of jail time. If their BAC was higher than 0.20, the mandatory minimum jail time is 10 days. 
Note that even if a driver refuses a breath test, their license is automatically suspended for seven days. A judge could require an ignition interlock device upon conviction. 
A second DUI offense within a five year period carries a mandatory minimum fine of $500 and jail confinement between one month and one year. That’s on top of the 60-day automatic license suspension. Subsequent offenses carry minimum jail time of one year and a minimum fine of $1,000.
Remember that drivers with DUIs on record are usually charged higher premiums by car insurance companies. 
The DUI laws for underage drivers in Virginia are slightly different. Virginia has zero tolerance for minors under the influence. 
If an underage driver’s BAC was between 0.02 and 0.08, they could face these penalties:
  • License suspension for one year
  • Fine of $500 (plus fees for consuming alcohol underage)
  • At least 50 hours of community service
If an underage driver’s BAC was higher than 0.08, they’ll face the same DUI penalties as a driver over 21 years old. Underage drivers who were drinking and transporting other minors face higher penalties, like 80 hours of community service. 

Virginia distracted driving laws

Texting while driving has been banned in Virginia 2013, but as of 2021 it’s considered a primary offense. This means that drivers can be pulled over just for texting and driving—or holding a handheld device behind the wheel—even if they are not doing anything else wrong. 
This law does not apply in situations where a driver must use their phone in an emergency situation or to communicate with law enforcement. 
It is technically legal to check texts while the car is stopped at a stop sign or red light, but this is a dangerous distraction and we don’t recommend it.
It is legal to press a single button to initiate or terminate voice communications. Drivers may legally use hands-free devices like Bluetooth, and playing music is allowed. It’s OK to mount a phone on the dashboard to take calls and use GPS.
Young drivers may not use phones at all while driving. However, teens are only subject to this law as a secondary offense. This means that a teen driver must be doing something else wrong to get pulled over, and then they can be ticketed for using a handheld device while driving.
The penalty for
texting and driving in Virginia
is a $125 fine for a first offense and $250 for a subsequent offense. There may also be demerit points tacked on to the driver’s record.
If you cause an accident while texting and driving, the consequences become even more serious—you could face jail time, fines of thousands of dollars, and long-term license suspension.

Virginia seatbelt laws

According to the
Virginia seat-belt laws
, front seat passengers in Virginia must wear seat belts. All passengers under 18 must be belted anywhere in the vehicle. In the back seat, adult passengers are not legally required to wear seat belts in Virginia. 
In this state, drivers are legally responsible for ensuring all passengers are belted
You can be pulled over and charged if a child in your vehicle is not belted, as child
seat-belt law
violations are considered a primary offense. Breaking an adult seat-belt law is a secondary offense, so you must be committing another violation to be pulled over and charged.
The penalty is $25 for an adult violation. For a youth violation, the fine is between $25 and $50. However, the driver who was behind the wheel is the one responsible for paying this fee. 
Children who are too young for car seats must utilize proper restraints.
Virginia car seat laws
require that children under the age of seven must use appropriate restraint systems. Children must be rear-facing until the age of two (or they exceed the manufacturer’s requirements).
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FAQs

No. You should always drive the speed limit, only passing when it is safe to do so. Otherwise, you could create a dangerous situation and be charged with reckless driving.
Virginia is tough on DUIs but not as strict as some other states. Penalties include license suspension, fines, and jail time.
DUI convictions are criminal offenses, and they’ll stay on a Virginia driver’s record for 11 years. The bad news is that this conviction will increase your insurance payments for a large proportion of that time period.
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