Photo: Bdl2001, CC BY 4.0, via Wikimedia Commons
A Virginia driver privilege card lets Virginia residents who can’t prove legal presence in the US drive legally, with the same driving privileges as a regular license. To qualify you must have reported Virginia income, or been claimed as a dependent, on a Virginia tax return filed in the past 12 months. This guide covers eligibility, the documents DMV asks for, the tests (no waivers), the $50 fee and what the card can’t be used for, as of November 2026.
Key facts
- Legal basis: Code of Virginia section 46.2-328.3, last amended in 2026.
- Tax rule: income and deductions from Virginia sources, or dependent status, on a Virginia individual income tax return filed in the preceding 12 months.
- Insurance rule: you must not be in violation of Virginia’s vehicle insurance requirements.
- No proof of legal presence is required.
- No test waivers: applicants can’t be excused from any part of the driver exam, so first-time applicants take the DMV road skills test.
- Fee: $50 for an original card and $50 to reissue or renew it. No fee for homeless youth.
- Looks like a standard license on the front, but it is not a REAL ID.
Who is eligible for a Virginia driver privilege card?
Under section 46.2-328.3, DMV may issue a driver privilege card or permit to someone who doesn’t meet the legal presence requirements for a regular license if DMV finds that the applicant:
- reported income and deductions from Virginia sources, or was claimed as a dependent, on a Virginia individual income tax return filed with the Commonwealth in the preceding 12 months, and
- is not in violation of Virginia’s insurance requirements.
DMV’s own application guidance (form DMV 309) adds that applicants are non-US citizens who live in Virginia, must not have a current suspension or revocation in any state, and must be at least 16 years and 3 months old for a driver privilege card. The law also provides a driver privilege permit, which works like a learner’s permit.
Documents to bring
DMV says all documents must be originals and are subject to verification. Its guidance lists:
| What you prove | How many |
|---|---|
| Identity | Two proofs from DMV’s list of acceptable documents |
| Virginia residency | Two proofs |
| Social Security number or ITIN | One |
| Virginia tax filing | Documentation of a Virginia return filed in the past 12 months showing Virginia-source income, or that you were claimed as a dependent |
The exact accepted documents are on DMV’s driver privilege card pages and its acceptable documents list. Check them before your visit, as the list can change.
Teens
Under-18 applicants go through Virginia’s normal teen route: learner’s permit, driver education and the provisional license limits, because the card carries the same rules as a regular license. See Virginia provisional license rules.
Tests for a Virginia driver privilege card
Section 46.2-328.3 says applicants are not eligible for a waiver of any part of the driver examination in section 46.2-325. In practice:
- Vision screening
- Knowledge exam: see the Virginia DMV knowledge exam guide.
- Road skills test at DMV: DMV says privilege card applicants must complete a road skills test administered by DMV. The driver education road test waiver that many Virginia teens use doesn’t apply. See the Virginia road skills test and driver ed waiver.
Because the no-waiver rule covers every part of the exam, expect to take all the tests even if you have driven elsewhere. Confirm with DMV if you hold a license from another state.
Cost and how long it lasts
- $50 for an original driver privilege card or permit (as of November 2026).
- $50 to reissue or renew. You don’t have to re-prove the tax and insurance conditions for a reissued, renewed or duplicate card.
- No fee for homeless youth as defined in Virginia law.
- Validity: the same period as a regular license (Virginia licenses run for no more than eight years) or learner’s permit.
- Renewal: DMV says cards issued before July 1, 2026 must be renewed in person, with a new photo and vision screening if applicable. If your card expires before you renew, you must apply again as an original applicant.
What the driver privilege card can and can’t be used for
- Can: drive legally in Virginia with the same privileges and rules as a regular license or permit, including points, suspensions and teen restrictions.
- Can’t: be used as a REAL ID to board domestic flights or enter secure federal facilities. Use a passport.
- Check before leaving Virginia: some states, such as Florida, treat licenses issued without proof of lawful presence as invalid.
- Separate ID option: DMV also offers an identification privilege card for non-drivers.
How Virginia protects your information
Section 46.2-328.3 makes information collected only for the privilege card privileged. DMV may not release your proof documents, the record of which documents you used, or your application, except to you, a parent of a minor, a guardian, your authorized representative, or under a court order. The amount you paid is also privileged. The law does let DMV release other privilege card information to federal, state or local government bodies, law enforcement, prosecutors and courts when they need it for official functions and supply your name and identifying details.
Common questions
Can I get a Virginia driver privilege card without filing taxes?
Not for an original card. You must have reported Virginia-source income, or been claimed as a dependent, on a Virginia return filed in the preceding 12 months. That proof isn’t needed again for renewals.
Does the card look different from a regular license?
The law says the front must be identical in appearance to a Virginia license that is not a REAL ID.
Can a driver privilege card holder skip the road test after driver ed?
No. Privilege card applicants can’t get any exam waiver, so they take the road skills test at DMV.
I have lawful status but no SSN. Is this the right card?
The card is for people who don’t meet the legal presence requirements for a regular license. If you can prove lawful presence, ask DMV about a standard or REAL ID license first. Students on visas: see getting a US license on a student visa.
What if my card expired before I renewed it?
DMV says you are no longer eligible to renew and must apply for an original driver privilege card, which means meeting the tax and other original requirements again.
Is the card valid in other states?
Virginia can’t decide that. Most states recognize valid out-of-state licenses, but some, including Florida, reject cards issued without proof of lawful presence. Overview: driver’s licenses regardless of immigration status.
Back to the full route: learning to drive in Virginia.
Sources
- Virginia General Assembly, “Code of Virginia section 46.2-328.3: Driver privilege cards and permits” (law.lis.virginia.gov)
- Virginia General Assembly, “Code of Virginia section 46.2-330: Expiration and renewal of licenses” (law.lis.virginia.gov)
- Virginia Department of Motor Vehicles, “Driver Privilege Card” and “Renew Your Driver Privilege Card” (dmv.virginia.gov)
- Virginia Department of Motor Vehicles, “Driver Privilege Card application information (DMV 309)” and “FAQs for Schools Training Driver Privilege Card Applicants” (dmv.virginia.gov)
- Virginia Department of Motor Vehicles, “Acceptable Documents (DMV 39)” (dmv.virginia.gov)
- Florida Legislature, “Florida Statutes s. 322.033, Invalid out-of-state driver licenses” (leg.state.fl.us)