Driving after a DUI in Virginia: the Restricted Driving Privileges

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Virginia has no DMV administrative hearing on the arrest suspension. Under Va. Code § 46.2-391.2(A) the officer serves a notice of suspension personally, takes possession of the Virginia license and delivers it to the magistrate; the license is suspended immediately (no temporary permit) for seven days on a first offense. Under § 46.2-391.2(C) the person may, during the period of the suspension (seven days for a first offense), request the general district court (or juvenile court) of the arrest jurisdiction to review the suspension; the court reviews it within the time it hears bail appeals, and rescinds it only if the person proves by a preponderance of the evidence that there was no probable cause for the arrest, warrant or petition. Failure to appear without just cause waives the review. The clerk returns the license at the end of the suspension. No fee or form is stated in the statu

“Any person whose license or privilege to operate a motor vehicle has been suspended under subsection A may, during the period of the suspension, request the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made”

Who can get it, and how soon

DMV states the court may grant restricted driving privileges at the time of conviction for DUI, 1st Offense, that no court is required to issue them, and that DMV has no authority to grant them for DUI. Under Va. Code § 18.2-271.1(E) the restricted permit is conditioned on enrollment within 15 days in and completion of VASAP and on installation of an ignition interlock under § 18.2-270.1; for a first adult § 18.2-266 offense the interlock is the only restriction the court imposes (§ 18.2-270.1(C)) and the permit may be for any lawful purpose. Before conviction, during the 7-day administrative suspension, only a person charged with a second offense may petition the general district court for a restricted license (§ 46.2-391.2(A)). A CDL holder cannot receive restricted privileges to drive commercial vehicles. A first refusal case is governed by § 18.2-268.3 (not fetched).

“The court may grant you restricted driving privileges at the time of conviction if you were convicted, or found not innocent (if you are a juvenile), of the following violations: Driving Under the Influence (DUI), 1st Offense”

Administrative track: under Va. Code § 46.2-391.2(A) a breath result of 0.08 or more, or a refusal, with a DUI charge suspends the license immediately for seven days (first offense; 60 days or until trial for a second, until trial for a third); the officer takes the license. Only a person charged with a second offense may petition the general district court during that suspension for a restricted license with an interlock. § 46.2-391.2(D) provides that if the person is convicted during the administrative suspension and the court issues a restricted permit under § 18.2-271.1(E), the permit shall not be issued before the expiration of the first seven days of the suspension. Conviction track: DMV states the court may grant restricted privileges at the time of conviction of a first-offense DUI, with no waiting period stated; DMV's Penalties guide (DMV 39F) states the automatic suspension is

“such restricted permit shall not be issued to the person before the expiration of the first seven days of the suspension imposed under subsection A.”

Conditions attached to the privilege

As stated: (1) a court order granting restricted privileges, entered at or after conviction and specifying the restrictions (§ 18.2-271.1(E)); the person may drive on the court's order until DMV issues the restricted license; (2) enrollment within 15 days in, and successful completion of, the Virginia Alcohol Safety Action Program (VASAP) — DMV 292 states Virginia law prohibits DMV from issuing a restricted license unless the person has enrolled in VASAP and from fully reinstating until completion; (3) installation of a functioning, certified ignition interlock system under § 18.2-270.1 — for a first adult offense the only restriction is the interlock, for not less than 12 consecutive months without alcohol-related violations (six months on the offender's motion if additional restrictions are ordered); DMV 292 states interlock is required on at least one vehicle and any vehicles operated

“Such restricted license shall be conditioned upon enrollment within 15 days in, and successful completion of, a program as described in subsection A and the installation of an ignition interlock system pursuant to § 18.2-270.1.”

Where and when it allows driving

For a first adult DUI offender eligible under § 18.2-270.1(C), a restricted permit 'to operate a motor vehicle for any lawful purpose' in a vehicle with a functioning, certified ignition interlock; otherwise the purposes listed in § 18.2-271.1(E): travel to and from work, VASAP, during work hours if driving is a necessary incident of employment, school, health care services, a minor child's school or day care, court-ordered visitation, court appearances and probation, a place of worship one day a week, child-support appointments, weekend jail, the interlock provider, job interviews and the Virginia Employment Commission. No commercial motor vehicle may be operated. DMV lists the same categories as common restrictions (e.g., transportation to/from work, ASAP meetings, school, medical services, driving with an ignition interlock installed).

“who has a functioning, certified ignition interlock system as required by law may be issued a restricted permit to operate a motor vehicle for any lawful purpose. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle”

How it is issued

A court issues the Restricted Driving Privileges by order, which is then presented to the licensing agency.

Official page: dmv.virginia.gov

The statute: Va. Code § 18.2-271.1(E)

“the court may, for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle for any of the following purposes: (i) travel to and from his place of employment; (ii) travel to and from an alcohol rehabilitation or safety action program;”