Restricted License Options After DUI Conviction

Facing a DUI conviction can leave you feeling overwhelmed, especially when losing your driver’s license disrupts your daily life and limits your independence.

Without the ability to drive, even simple tasks like getting to work or attending medical appointments can become overwhelming challenges, compounding the stress of your situation in your professional and personal lives.

However, with the right legal guidance, you may qualify for a restricted driver’s license to regain limited driving privileges. Schedule a consultation with our law firm, Randall, McClenney, Daniels & Dunn, PC, today to explore your options and take control of your future.

What Are the Consequences of a DUI Conviction?

The legal, administrative, and personal impacts of a driving under the influence conviction can cause substantial disruption in your life. The harshness of the consequences in Virginia will vary depending on the level of intoxication detected in one’s blood alcohol content (BAC) and whether there are any prior convictions for DUI. Some of the consequences include:

• Driver’s license suspension ranging from one year to permanent revocation
• Fines ranging from $250 and up
• Jail time (will vary based on prior DUI convictions and excessive BAC penalties)
• Court-ordered programs, including VASAP completion and installation of ignition interlock devices

If convicted, commercial drivers will likely lose their right to their license, negatively impacting their employment opportunities and directly affecting their livelihood.

What is a Restricted Driver’s License?

A restricted driver’s license in Virginia permits limited driving privileges. Allowed activities under a restricted license can include essential activities, such as:

• Going to work or school
• Attending Alcohol Safety Action Program meetings
• Attending medical appointments
• Transporting a minor child
• Driving with an ignition interlock device installed
• Transporting for child visitation
• Going to court, probation, or other mandatory programs
• Attending religious services
• Other designated activities

A restricted license differs from a regular license because a person loses driving freedoms. Regular licenses allow full driving privileges, whereas a restricted license allows a person to drive only for specific purposes, unless the individual receives an unrestricted restricted license.

What is an Unrestricted Restricted License in Virginia?

An unrestricted restricted license allows an individual to drive for any purpose as long as they use and comply with the ignition interlock device requirements. This option may be available to if this is your first DUI, you are over 18, and your blood alcohol content was below 0.15.

What Are the Different Types of Restricted Licenses?

In Virginia, there are various types of restricted license options that will depend on the circumstances of the DUI conviction and individual eligibility.

Court-Granted Restricted License

After a DUI conviction in Virginia, where sentencing includes a license suspension or license revocation, an individual can petition the court for restricted driving privileges. Courts may decide to approve applicants for a restricted driver’s license under certain conditions, reviewing each case individually.

DMV-Issued Restricted License

The Virginia Department of Motor Vehicles (DMV) may permit an individual to have restricted driving privileges if they meet certain conditions. These generally include the number of prior offenses, meeting administrative requirements, such as enrollment in an approved treatment program, and submission of a Financial Responsibility Insurance Certificate (SR-22).

Ignition Interlock Restricted License

After a DUI conviction, as outlined under Commonwealth law, the court will order an ignition interlock restricted device (IID) to be installed as a condition for restoring partial driving privileges.

Commercial Driver’s License Restrictions

Individuals who rely upon a commercial driver’s license (CDL) for employment face significant challenges and limitations after a DUI conviction in Virginia. A CDL will be revoked, but some individuals may be able to obtain a restricted driver’s license. However, this still will restrict their ability to drive a commercial motor vehicle, even if the violation occurred in a personal car.

What is an Ignition Interlock Device (IID)?

An IID requires DUI offenders to take a breath test before operating a motor vehicle. It is essentially a mobile breathalyzer test and is directly connected to a motor vehicle. These devices are commonly used in DUI cases to monitor compliance, and if an individual fails the test, the car will not start.

How Can I Obtain a Restricted Driver’s License After a DUI?

To obtain a restricted driver’s license after a DUI conviction, drivers will need to:

• Meet Virginia eligibility requirements
• Petition the court where the conviction occurred
• Provide a court order authorizing restricted driving privileges
• Obtain SR-22 insurance

Drivers will also need to comply with any other court or administrative orders to regain limited driving privileges.

What Are the Requirements for Driver’s License Reinstatement After a DUI?

Virginia does allow individuals to reapply for a driver’s license to reinstate their full driving privileges, but certain conditions must first be met. These conditions include, but are not necessarily limited to, completion of mandated treatment programs, maintaining SR-22 insurance, paying reinstatement fees, and avoiding future violations. Other requirements may also apply.

Contact our law firm to see how we can help you reinstate your license.

How Long Does the License Suspension Last?

How long a driver’s license suspension lasts will depend on individual circumstances. Factors that apply include the severity of the offense and whether any prior DUI convictions exist.

How Can a Law Firm Assist You with Your DUI Case?

Facing DUI charges can be a frightening prospect, considering how it may affect your personal and professional lives. Consulting with an experienced law firm to obtain guidance on navigating Virginia’s legal and administrative processes is beneficial. An attorney can provide assistance in building a strong DUI defense strategy and help you to secure a restricted license.

Why Clients Choose Randall, McClenney, Daniels & Dunn, PC

The criminal defense lawyers at Randall, McClenney, Daniels & Dunn, PC have been passionately advocating for Virginians for several decades. With a combined 85 years of legal experience, our attorneys are aggressive and will tirelessly fight for the rights of our clients and work to get them the best possible outcome in their cases.

Clients often select our law office to provide them with legal representation because they know we will listen to their side of the story and approach their cases with understanding and compassion. With a 97% client satisfaction rating, our track record demonstrates how our attorneys are willing to go the extra mile to deliver customized legal services to each and every client we represent.

Testimonials

“[Randall, McClenney, Daniels & Dunn, PC] are quick and responsive to your needs. They provide you with the tools you need and they take care of the rest. I highly recommend them.” — Annette B.

“[Randall, McClenney, Daniels & Dunn, PC] helped me to take a questionable traffic charge and turn it into something much more palatable. Everyone I interacted with at the firm was extremely professional and very helpful. Nobody wants to have to hire a lawyer, but if you must, Randall, McClenney, Daniels & Dunn, PC is a great resource.” — Robert B.

Related Resources

• Can Passengers Drink Alcohol in a Car?: In Virginia, passengers can drink alcohol in a car since there’s no explicit law prohibiting it, but the driver may face charges under the open container law if an open container is present. Find out more about how this can lead to a misdemeanor charge and a DUI investigation.
• Don’t Let Your Summer Fun Be Ruined by a Drunk Driving Charge: Summer festivities can quickly turn into legal troubles if you’re charged with drunk driving. To avoid ruining your summer fun, learn more about the risks and consequences of drunk driving and how to stay safe on the roads.
• What Foods and Drinks Can Cause You to Fail Your Interlock Test?: Certain foods and drinks, such as rum cake, pasta with vodka sauce, baked goods with vanilla extract, and energy drinks, can cause you to fail an ignition interlock test due to their alcohol content. To avoid lockouts, learn more about which items to avoid when using an ignition interlock device.

Let Us Help You Get Back on the Road

A DUI conviction can negatively impact your life if a loss of your driver’s license is a part of your sentence. However, receiving a restricted license can help you regain a sense of normalcy in your daily routines.

The dedicated attorneys at Randall, McClenney, Daniels & Dunn, PC are equipped to represent you in your DUI case, help you obtain a restricted driver’s license, or assist you when applying for a license reinstatement in Virginia. To schedule a consultation, call our law firm at 757-742-6115 or fill out our online contact form.