If you were charged with a DUI in Virginia, you may be wondering if you will lose your driver’s license. To learn more, continue reading and reach out to our skilled Richmond DUI lawyer.
Will my license be taken after a DUI conviction in Virginia?
In the state of Virginia, after a DUI charge, the court and DMV will both take your driver’s license. This is technically done when the court suspends the privilege to drive in Virginia and sends the information to the DMV which voids the license. The suspension/revocation periods for DUI convictions are:
- First DUI conviction: one year.
- Second DUI conviction within ten years: three years.
- Any felony DUI conviction (third offense, fourth offense, DUI after felony DUI conviction): indefinite revocation with a five-year minimum before requesting restoration of driving privileges.
- The administrative license suspension following an arrest for DUI and before trial does not count towards the post-conviction suspension.
Can I obtain a restricted license for my DUI in Virginia?
The trial court can award a restricted driver’s license after misdemeanor DUI convictions unless the driver’s license is discontinued for another reason like a simultaneous conviction for refusal or other DUI-related offense. Qualified driving purposes include travel to and from:
- Work
- Business for an employer during work hours (does not include driving commercial vehicles)
- School
- Health care, which can include care of others
- School, daycare, or medical services for minor children under your care
- Court-ordered visitation with your children
- Appointments required by the Department of Child Support Enforcement
- Ignition interlock services
- VASAP or other court-ordered rehabilitation programs
- Religious services once a week at designated times
- Court appearances if subpoenaed as a witness or you are a party to the case
- Probation appointments
- Jail to serve a sentence on weekends or non-consecutive days
It is important to note that the law now mandates the installation of ignition interlock for all drivers convicted of DUI for at least six months. If the court grants a restricted driver’s license, you cannot drive until the ignition interlock has been installed except to the ignition interlock facility for installation. The statute also mandates enrollment in VASAP within fifteen days from the date the court issues the restricted license.
Contact Our Firm
If you live in Virginia and have been charged with a crime, the time to speak with an experienced Richmond criminal defense attorney is now. Led by Attorney James A. Bullard Jr., our firm has fought on behalf of clients facing serious legal penalties for decades. We handle various criminal and traffic cases, including reckless driving tickets, DUIs, violent crimes, drug crimes, and so much more. Contact James A. Bullard Jr. P.C. today so we can begin formulating a comprehensive defense on your behalf.
