Restricted License in Virginia After A DUI Conviction
January 23, 2017 by Jean Humbrecht
Driver’s license revocation is one of the mandatory penalties associated with a conviction for Driving Under the Influence (DUI) in Virginia (Va. Code §18.2-271). In most cases, a driver can apply for a restricted license in Virginia after a DUI conviction. This restricted driver’s license allows the person to drive to a very limited number of places during his license revocation period.
What Is a Restricted Driver’s License?
A restricted license in Virginia after a DUI conviction is a temporary license that allows a person to driver to specific places at specific times of the day, including work, school, doctor appointments, and court-ordered child visitation. The places and times must be approved by the judge before granting the restricted license.
If the offender is granted a restricted license in Virginia after a DUI conviction, the court will forward the order to the DMV with the specific driving restrictions and also will give the driver a paper copy of the order granting the restricted license (Va. Code §18.2-271.1(E)). The driver must carry this paper copy with him any time he is driving until he receives a license with his restrictions from the DMV (Va. Code §18.2-271.1(E)). After receiving the restricted license from the DMV, the driver must carry that with him at all times while driving (Va. Code §18.2-271.1(E)).
What Are the Requirements of a Restricted License in Virginia After A DUI Conviction?
A restricted license in Virginia after a DUI conviction will not be granted until after the driver has enrolled in the mandatory Virginia Alcohol Safety Action Program (ASAP) (Va. Code §18.2-271.1(E)). The driver must enroll in ASAP within 15 days of his DUI conviction (Va. Code §18.2-271.1(E)). He must also successfully complete ASAP before he can have his driving privileges restored.
An additional requirement of a restricted license in Virginia after a DUI conviction is that the driver must install an Ignition Interlock in his vehicle (Va. Code §18.2-270.1(B)). The ignition interlock must be installed for at least 6 months without any violations (Va. Code §18.2-270.1(B)). The offender is prohibited from driving a vehicle that does not have an Ignition Interlock installed (Va. Code §18.2-270.1(B)).
When Can A Driver Obtain a Restricted License in Virginia After A DUI Conviction?
When a driver is convicted of a first offense DUI in Virginia, his license will be automatically revoked for 12 months (Va. Code §18.2-271). He must surrender his driver’s license to the court immediately upon conviction. Once the driver is enrolled in ASAP, he can ask the court for a restricted drivers license (Va. Code §18.2-271.1(E)).
If a driver is convicted of a second DUI within 5 years, he can apply for a restricted license after 1 year (Va. Code §18.2-271.1(E)) . If he is convicted of a second DUI in 10 years, he can apply for a restricted license after 4 months (Va. Code (§18.2-271.1(E)).
Drivers convicted of Underage DUI (Va. Code §18.2-266.1) may obtain a restricted license during their license revocation period if they are enrolled in Virginia ASAP (Va. Code §18.2-266.1(B)).
A driver can apply for a restricted license in Virginia after a DUI conviction any time during his license revocation period (Va. Code §18.2-271.1(G)). However, he still must comply with all of Virginia ASAP’s requirements (Va. Code §18.2-271.1) and install an Ignition Interlock for at least 6 months as a condition of the restricted license (Va. Code §18.2-270.1(B)).
When Must A Driver Wait to Obtain A Restricted License in Virginia After A DUI Conviction?
A driver convicted of a first offense DUI can obtain a restricted license in Virginia immediately, as long as he is enrolled in Virginia ASAP and his license is not suspended for any other reason.
However, if the driver was convicted of a second DUI in 10 years, he must wait 4 months to apply for a restricted license (Va. Code §18.2-271.1(E)). When a driver is convicted of a second offense DUI in 5 years in Virginia, he must wait at least 1 year before applying for a restricted driver’s license (Va. Code §18.2-271.1(E)). Additionally, in order to receive a restricted license after a second offense DUI in 5 or 10 years, all vehicles owned by or registered to the driver must have an Ignition Interlock installed (Va. Code §18.2-270.1(B)).
If a driver is convicted of a third or subsequent DUI, or a felony DUI (such as DUI Maiming or DUI Involuntary Manslaughter), he must wait at least 3 years before applying for a restricted driver’s license (Va. Code §46.2-391(C)(2)).
When Is A Driver Not Allowed to Have a Restricted License?
A restricted license in Virginia after a DUI conviction is not available for everyone. Certain DUI-related convictions prohibit a restricted license during the period of license revocation or suspension, such as Commercial Driver DUI, Breathalyzer Refusal, felony DUIs and DUIs committed by juveniles. Additionally, people convicted of multiple DUIs must wait longer periods to obtain a restricted license.
A restricted driver’s license is not available:
- during the first 4 months of license revocation if convicted of a second DUI in 10 years (Va. Code §18.2-271.1(E))
- during the first year of license revocation if convicted of a second DUI in 5 years (Va. Code §18.2-271.1(E))
after a DUI Maiming conviction under Va. Code §18.2-51.4 (Va. Code §18.2-271.1(E))- after a DUI Involuntary Manslaughter conviction under Va. Code §18.2-36.1 (Va. Code §18.2-271.1(E))
- after a conviction for a commercial driver DUI (Va. Code §46.2-341.30(A))
- after a juvenile is convicted of DUI if school-provided transportation is available (Va. Code §16.1-278.9(D))
- during the period of license suspension for a Breathalyzer or Blood Test Refusal conviction
- while a driver’s license is administratively suspended after being charged with a DUI or Breathalyzer Refusal (Va. Code §18.2-391.2(D))
after a Where Can A Person Drive After Receiving A Restricted License in Virginia After A DUI Conviction?
Va. Code §18.2-271.1(E) states that if a driver is granted a restricted license in Virginia after a DUI conviction, the restricted license will allow him to drive:
- to and from work
- during work hours
- to Virginia ASAP
- to and from school
- for health care services, including medically necessary transportation of an elderly parent or someone residing in the person’s household with a serious medical problem
- to transport a minor child under his care to and from school, day care, and medical service providers
- to and from court-ordered visitation with his child
- to a screening, evaluation and education program related to a drug conviction/dismissal
- to and from court appearances
- to appointments with the driver’s probation officer
- to and from a place of religious worship one day per week
- to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in an administrative or court-ordered intensive case monitoring program for child support
- to and from jail to serve a sentence
- to and from the facility that installed or monitors the ignition interlock in the person’s vehicle
What Happens If A Driver Violates the Terms of His Restricted License in Virginia After a DUI Conviction?
Driving in violations of the terms of a restricted license in Virginia after a DUI conviction can result in a Driving on a Revoked License charge under Va. Code §18.2-272. This offense is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for an ADDITIONAL 12 months with NO restricted license.
Additionally, the court can revoke the driver’s restricted license if the driver violated any of its terms. The court will order a notice to show cause, meaning the person must come to court and explain why his restricted driving privileges should not be revoked. Failing to appear will result in a revocation of driving privileges (Va. Code §18.2-271.1(F)).
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