Mandatory driver’s license suspension for DUI conviction
If you have been arrested for DUI in Virginia, your driver’s license might automatically be suspended immediately after your arrest. Whether or not this happens often depends on several different factors, including:
- Number of previous DUI convictions.
- Your blood alcohol concentration (BAC) at the time of your arrest.
- Whether you refused to take a mandatory DUI chemical test.
Administrative driver’s license suspension for DUI arrest
Your driver’s license will typically automatically be suspended after a DUI arrest, according to Virginia Code 46.2-391.2. Administrative suspension of license or privilege to operate a motor vehicle.
Under these rules, Virginia drivers arrested for being under the influence of alcohol will automatically have their driver’s license suspended for the following reasons:
- If you have a BAC over 0.08 at the time of the arrest, there is an automatic 7-day driver’s license suspension.
- If you refuse to take a mandatory chemical test under the “implied consent” rule, there is an automatic 7-day administrative driver’s license suspension.
- If you’re arrested for what would be your second DUI charge within the past 5 years, there is an automatic 60-day driver’s license suspension.
- If you’re arrested for what would be your third DUI charge within the past 5 years, there is an automatic driver’s license suspension until your trial date.
Driver’s license suspension rules for Virginia DUI convictions
If you are convicted of DUI in Virginia, your driver’s license will likely be suspended depending on several factors, including the number of previous DUI convictions in Virginia. Such penalties include:
- First DUI conviction – Driver’s license suspended for 12 months.
- Second DUI conviction – Driver’s license suspended for 3 years.
- Third DUI conviction – Driver’s license suspended indefinitely – you are eligible to apply for reinstatement after 5 years.
Restricted driver’s license requirements after a DUI conviction
If someone’s driver’s license has been suspended due to a DUI conviction, they may be able to obtain a restricted driver’s license. A restricted license allows you to drive a car only for specific, limited reasons, such as driving to work, doctor’s appointments, school, childcare, court hearings and alcohol rehabilitation meetings or programs.
When someone convicted of a DUI in Virginia can apply for a restricted driver’s license often depends on the number of DUI convictions. Such rules include:
- First DUI conviction – Can apply for a restricted driver’s license right away.
- Second DUI conviction – Can apply for a restricted driver’s license after 4 months if their first DUI conviction was more than 5 years ago. If their first DUI conviction was less than 5 years ago, the driver must wait 1 year to apply for a restricted driver’s license.
- Third DUI conviction – Can apply for a restricted driver’s license after 3 years.
Can I get my driver’s license reinstated after a DUI conviction?
In some cases, you can get your driver’s license fully restored after a DUI conviction in Virginia, even if you have a restricted driver’s license. However, there are no guarantees. Many times, whether or not your driver’s license is fully reinstated comes down to the opinion of a judge. And if you have never tried to get a suspended driver’s license reinstated, the legal process can be confusing and overwhelming. That’s why it’s always best to talk to a Virginia DUI defense lawyer who understands how the legal process actually works.
Know Your Rights. Contact Our Law Firm
Don’t simply assume there’s nothing you can do if your Virginia driver’s license has been suspended due to a DUI conviction. Make sure you fully understand your legal rights. Contact our Virginia law firm to learn more about your legal options. Schedule a free case evaluation with one of our highly skilled Norfolk, VA DUI defense lawyers.
