If you are convicted of DUI in Virginia, one of the penalties will be the suspension of your driver’s license for one year for a first offense DUI—and longer for a second or subsequent conviction. This can make it extremely challenging to get to your job, take your children to activities, and do everything else that you rely on driving to get to. However, you may be able to obtain a restricted license that gives you limited driving privileges.
What Is a Restricted License in Virginia?
A restricted license is a temporary license that permits you to drive to specific locations and at certain times of the day. The judge granting the restricted license will set the specific times and places allowed under the restricted license. Here are some of the circumstances where driving may be permitted:
- To and from your job
- To and from school
- To and from necessary doctor appointments
- To and from a child’s daycare or necessary doctor appointments
- To and from court-ordered visitation with your child
- To and from a religious place of worship
When Can You Request a Restricted License If You Have Been Convicted of DUI in Fairfax?
You must file a motion to request a restricted license, and there is no guarantee that the judge will grant your request. It is best to retain an experienced DUI attorney to file the motion on your behalf. In order to obtain a restricted license, you must enroll in the mandatory Virginia Alcohol Safety Action Program (ASAP) and, in some cases, you may be required to successfully complete the program before a restricted license is granted. In addition, you will most likely need to have an ignition interlock system installed on your vehicle.
If this is your first DUI offense, you can request a restricted license on the date of your conviction or guilty plea, although you will not be able to actually drive on the restricted license until you enroll in ASAP. However, if this is your second DUI conviction within 10 years, you will need to wait four months to receive a restricted license. The wait is one year if you were convicted of a second DUI within the last five years.
Have you been charged with DUI in the Northern Virginia area? Our experienced DUI attorneys have decades of experience successfully representing our clients in DUI cases in Fairfax and Northern Virginia. We will aggressively fight the charges you face. Start an online chat or call our Fairfax office today to schedule your free consultation.