Driving under the influence (DUI) in Virginia is dangerous and a conviction can have a significant impact on your life, including suspension of your driver’s license. This can be very stressful and create many problems with commuting, work, and daily activities.
License Suspension Explained
Speaking with a drunk driving lawyer Virginia and understanding the license suspension process will help you navigate this difficult situation. Here’s a high-level breakdown of the two types of license suspension:
- Administrative suspension from the Virginia Department of Motor Vehicles(VA-DMV): A seven-day suspension starts immediately upon arrest for a first offense with a blood alcohol concentration (BAC) of 0.08% or higher. This can also happen if the driver suspected of being drunk refuses to take a BAC test. For a second offense, the suspension is sixty days. The court will hold your license until the suspension ends.
- Court-ordered suspension: After a conviction, the court orders a suspension period depending on the offense and driver’s history. For a first offense, the punishment is a one-year suspension and the possibility of a restricted license afterward. A second offense within ten years results in a three-year suspension. A third offense within ten years results in permanent revocation of driving privileges.
You can appeal an administrative suspension if you believe the arrest was unlawful. Winning reinstatement is difficult, though, requiring that you provide proof of no probable cause. If you plan to challenge an arrest and explore if a DUI can be expunged, you need to hire an attorney quickly.
A restricted license is allowed for a first offense after conviction with court approval. Driving is only allowed for limited reasons such as getting to work, medical appointments, child transportation, etc. It also requires completing an Alcohol Safety Action Program (ASAP) program, installing an ignition interlock device, and paying fees.
Virginia’s Sliding Suspension Schedule
If your suspension term is decided by a court, how long you lose your license will depend on how many times you have driven drunk or drugged.
For a first offense, there is an automatic seven-day suspension while your case awaits trial. Driving during this period brings further penalties. If convicted, you lose your license for one year. You may get a restricted license after the year is up, which requires an ignition interlock device in your car that prevents the car from starting if your breath alcohol content (BAC) is above 0.02%. Failure to use or tampering with the device results in harsher penalties.
For a second offense, driving privileges will be suspended for three years. You must wait four months or one year (depending on when the prior DUI occurred) to apply for a restricted license. An ignition interlock device is required for the restricted license. You can not petition for limited driving until the waiting period ends.
For a third offense, your license is suspended indefinitely and there is mandatory jail time, hefty fines, and a felony will be on your record forever. You can petition for reinstatement after five years if you can prove that you will be a responsible driver. A restricted license is not an option until after three years. Your vehicle might be forfeited, too.
Reinstating your license back after suspension also involves paying all fines and fees, completing court-ordered programs, having valid auto insurance, and paying VA-DMV reinstatement fees.
Seek Qualified Legal Assistance Immediately
Driving under the influence (DUI) convictions in Virginia result in harsh consequences, most notably the loss of your license. Even first-time offenders face mandatory suspension. The good news is you may qualify for restricted driving options while you serve your sentence. However, regaining full freedom on the road requires patience and fulfilling all legal requirements.
An experienced DUI lawyer from Coastal Virginia Law can guide you through this complicated process, increase your chances of keeping your license, and minimize the impact of the suspension on your life. Don’t hesitate to contact a lawyer for a free consultation and to ask how much DUI attorneys charge if you are facing charges and license suspension.