In Virginia, DWI or DUI conviction can have a severe impact on your driving record. The law of that state stipulates that DWI or DUI conviction is punishable by either revocation or suspension of driving license. The duration of license revocation or suspension would depend on certain factors affecting your case, including the number of previous convictions.
In Virginia, mandatory suspensions begin at the first DUI conviction. A first DUI/DWI conviction will result in a one-year suspension period. However, certain decisions such as refusal to take a breath test will result in an automatic “administrative suspension” which means that your license is suspended immediately and does not count towards any future license suspension period.
Second DWI or DUI conviction in the same 10 years would cause a driving license to be revoked for three or more years. Suspension is less harsh than revocation. The difference between the two is that when the revocation period is over, the driver is required to undergo the entire process required to obtain a Virginia driver’s license including filing an application and taking a driving test. Three or more DUI or DWI convictions within a ten year period will cause the driver’s license to be revoked permanently.
In some cases, you would still be able to use your driving license for rides to places such as college and work. In that case, you would be using a restricted driver’s license. But, Virginia law does not require the court to issue a restricted driver’s license. Also, restricted licenses carry certain requirements and limitations. Because courts are not required to issue a restricted license, petitioning for a restricted license is best done by a legal professional. A qualified DUI defense attorney will be able to present legal grounds to the court as to why you should receive a restricted license.
Driving Privileges With Restrictions
Virginia law allows you to receive a restricted driver’s license if you have one or two DUI convictions. This license would give you a legal right to drive to specific locations where you have to go on a regular/day-to-day basis. When you are convicted of your first DUI, you may be eligible to receive a restricted driver’s license right away.
If you are convicted of DUI second time, the court may give you restricted driving privileges approximately four months after the day of your DUI conviction, provided that you have been convicted of second DUI within 10 years of your first DUI. If you have received second DUI conviction within five years of your first DUI conviction, a year must pass before you can receive a restricted driver’s license.
Restricted driver’s license after conviction comes with other requirements such as an ignition interlock. It measures your blood alcohol concentration. If your blood alcohol concentration is over .02, it will block your car from starting. If you are required to have an ignition interlock, you will be required to pay for the device and installation in full.
Reinstating Your License
You can file an application to reinstate your driver’s license once the revocation or mandatory suspension period is over. In order for your reinstatement application to be successful, you have to demonstrate that you have fulfilled all the court requirements. These requirements are:
- Completion of alcohol safety program
- Payment of reinstatement fees to DMV
- Demonstration that every fine has been paid
- Demonstration that all DUI-related civil judgments have been satisfied
- Proof of insurance that contains the coverage limits (form FR-44 submitted to DMV)
We Are Ready to Assist You
If you are facing a DUI or DWI charge in Virginia, contact The Brown Firm PLLC today. Our experienced DUI defense lawyers will be able to represent your best interests during court proceedings. We are prepared to take all legal means possible to secure the best results possible, including assistance with obtaining a restricted license and license reinstatement. Call our office or send us a message online to hear about how we can benefit you.