How Do You Get a Restricted License After a DUI in Virginia?
Facing a DUI charge in Virginia can be a daunting experience, and one of the immediate consequences is often the suspension of your driving privileges. However, Virginia law provides an option for a restricted license, which allows you to drive under specific conditions despite your DUI conviction. Understanding how to apply for a restricted license can help you get your life back on track.
Our Manassas criminal defense lawyers at Battlefield Law Group PLLC assist you through the entire DUI process, from your defense to helping you obtain a restricted license. Get in touch today to learn how we can help.
Understanding a Virginia Restricted License
A restricted license permits limited driving privileges for specific purposes, such as:
- Commuting to and from work
- Attending court-ordered treatment programs
- Transporting children to school or daycare
- Medical appointments
- Other essential activities approved by the court
Eligibility Requirements for a Restricted License
Not everyone convicted of a DUI in Virginia is eligible for a restricted license. Key eligibility criteria include:
- First or Second Offense: Generally, you are more likely to qualify if it is your first or second DUI offense. Additional offenses make it much less likely you will be approved.
- Mandatory Waiting Period: For a first offense, there is no mandatory waiting period. For a second offense within ten years, you must wait four months before you can apply. A second offense within five years requires a one-year waiting period.
- Compliance with Court Orders: You must comply with all court orders, including attending mandatory DUI programs and paying fines.
Evaluation and Enrollment in the Right Programs
Before you can apply for a restricted license, you must complete two important steps:
- Undergo a Substance Abuse Evaluation: This evaluation is conducted by a state-approved provider and assesses your need for treatment.
- Enroll in the Virginia Alcohol Safety Action Program (VASAP): The VASAP program includes education and treatment components and is mandatory for all DUI offenders seeking restricted licenses.
How to Apply for a Restricted License in Virginia
The application process involves several steps:
- Complete the Required Forms: Obtain and fill out the necessary forms from the Virginia Department of Motor Vehicles (DMV) or your local court.
- Submit to the DMV: Bring the completed forms to the DMV along with proof of enrollment in VASAP. You may be required to pay a reinstatement fee and other administrative fees.
- Court Approval: Depending on your case, you might need to appear in court to get the judge’s approval for your restricted license. Your attorney can help you prepare for this appearance.
Installing an Ignition Interlock Device
If you are granted a restricted license, you may be required to install an ignition interlock device in your vehicle, especially if it is a second or subsequent offense. The ignition interlock device prevents the vehicle from starting if it detects alcohol on your breath.
Under recent law changes, tampering with an ignition interlock device carries substantial penalties. Trying to tamper with the device or circumventing the proper testing procedures could result in a Class 1 misdemeanor charge. This might include penalties of up to 12 months in jail and a fine of up to $2,500.
Seek Help from a Virginia DUI Defense Attorney
If you have been convicted of a DUI in Virginia and need assistance, consulting with an experienced attorney is highly recommended to ensure you meet all legal requirements and maximize your chances of obtaining a restricted license.At Battlefield Law Group PLLC, our DUI/DWI defense lawyers can help you seek a restricted license so your life can start to look more normal again. Contact us today for a free consultation of your case.