Can You Drive After Getting a DUI in Virginia?
Getting a driving under the influence (DUI) charge is a serious offense that can have long-lasting consequences on your life. It will especially impact your driving privileges. If you have been convicted of a DUI in Virginia, you might wonder if you can still drive and under what conditions. This guide outlines what you need to know about driving after receiving a DUI in Virginia.
Our Manassas criminal defense lawyers at Battlefield Law Group PLLC help you defend against DUI charges in Virginia and protect your right to drive. We are here to help, contact us today!.
Immediate Consequences of a DUI Conviction
Upon a DUI conviction in Virginia, your driver’s license is immediately suspended. This suspension can last for several different periods of time depending on the circumstances of your case. Regardless, it can have a major impact on your life. You may be unable to get to work, school, or participate in normal life activities when you cannot drive.
Here is a breakdown of the typical consequences you might face:
- First Offense: Automatic suspension of your driver’s license for one year. This includes a mandatory installation of an ignition interlock device (IID) once your driving privileges are reinstated.
- Second Offense: If you are convicted of a second DUI within ten years, you face a three-year driver’s license suspension, a mandatory minimum of 20 days in jail, and an IID installation.
- Third Offense: A third DUI within ten years will result in an indefinite revocation of your license.
All of these are serious potential consequences, but a strong defense at the outset may help you avoid them. Speak with your attorney about which legal defense may apply to your case.
Restricted Driving Privileges in Virginia
In some cases, Virginia allows individuals convicted of a DUI to petition for restricted driving privileges. A judge may grant these limited privileges under certain conditions to allow you to drive to and from specific places typically essential for daily living.
You may qualify for a restricted driver’s license under these circumstances:
- Eligibility: To qualify for restricted driving privileges, you must provide a valid reason supported by documentation from an employer, school, medical facility, or other essential institution, typically in the form of a court order.
- Ignition Interlock Device (IID): Installation of an IID is mandatory. This device requires you to provide a breath sample to start your vehicle, ensuring you’re sober while driving.
Applying for Restricted Driving Privileges
To begin the process of obtaining restricted driving privileges:
- File a Petition: You will need to file a petition with the court in the jurisdiction where your conviction occurred or with a Virginia Circuit Court if you are out of state.
- Documentation: Submit documentation justifying your need for restricted driving privileges, such as a letter from your employer or a medical provider.
- Court Approval: Attend a court hearing where a judge will review your petition. If approved, you will receive an order outlining the specific terms and places you can drive.
Consequences of Violating Restricted Driving Terms
Driving outside the limits of your restricted license can have severe repercussions, including:
- Extended Suspension: Violation of the terms can result in further suspension or revocation of your driving privileges.
- Additional Legal Penalties: You might face additional fines and possible jail time.
Protect Your Right to Drive With Help from a Virginia DUI Defense Attorney
Navigating the legal intricacies of a DUI conviction and restoring your driving privileges can be complex. It is highly recommended that you seek the guidance of an experienced DUI attorney. They can help you understand your rights, represent you in court, and increase your chances of successfully obtaining restricted driving privileges.At Battlefield Law Group PLLC, our DUI/DWI defense lawyers stand ready to assist you. Contact us today for a free consultation of your case.