If you are charged with driving under the influence (DUI) in Virginia, The Department of Motor Vehicles (DMV) will suspend your license. An officer is able to charge a driver with a DUI if the driver either refuses the chemical test or their blood alcohol concentration (BAC) is 0.08 or greater.
Keep in mind, Virginia has an implied consent law. This means that the officer has the right to sample you if you are suspected of drunk driving on any road in Virginia.
Here is What You Should Know About DUI and License Suspensions in Virginia
There are two types of suspensions for DUI in Virginia. The type of suspension depends on a variety of factors, including any previous offenses you have had. Anyone charged with a DUI will receive an administrative suspension. If the individual is found guilty, then another suspension is required. However, a restricted license may be an option after the administrative suspension is complete.
For a first-time offender in Virginia, an administrative suspension is the first suspension given after a DUI arrest is made . The administrative suspension remains in place for seven days during which time the individual is not allowed to drive for any reason
In fact, with an administrative suspension, the court will take physical possession of their license and keep it until the end of the seven days. An administrative suspension for second-time offenders is 60 days. If an individual is arrested for DUI for a third time, their license is suspended until their court date.
Suspension After a DUI Suspension
First-time offenders who are found guilty of DUI are given a one-year license suspension. However, they may qualify for a restricted license during their suspension . Individuals who are convicted a second time are subject to a three-year license suspension. License revocation may occur for anyone who has three or more convictions within a ten-year span.
A Restricted License
A restricted license limits where the individual can drive, the times in which they are allowed to drive, and other restrictions. For example, a restricted license may only allow the individual to drive to and from work (and other daily obligations they may have). If they are caught in violation of their restricted license, they may be charged with another driving offense. .
Individuals who are convicted of or plead guilty to a DUI charge in Virginia may apply for a restricted license. In most cases, a restricted license is valid for 12 months. Keep in mind, you cannot apply for a restricted driver’s license if you have received an administrative suspension.
What are The DMV Reinstatement Requirements After a License Suspension?
The DMV has reinstatement requirements for licenses in Virginia. To get your driver’s license back after a suspension related to a DUI arrest and/or conviction, the individual must satisfy the following Virginia DMV requirements:
- All fines, reinstatement fees, and court costs are paid
- The individual has proof of an insurance policy from a licensed insurer in Virginia
- The individual has proof of successful completion of the Virginia Alcohol and Safety Program
- The individual has completed an intervention interview with VASAP
You can work with your attorney to help ensure your license is reinstated at the earliest possible date following a suspension.
How to Challenge a DUI Suspension in Virginia
You can challenge a DUI suspension by filing a motion with the court. In most cases, the defendant must show that the arresting officer did not have enough probable cause to make the arrest. If they are able to convince the court that they were unlawfully arrested, then the court will overturn the administrative suspension.
In most cases, particularly for first offenders, there is not enough time to appeal the administrative suspension, although this may be a more viable option for those who have a 60-day or more suspension.
After the license suspension, the defendant ( has the right to challenge the DUI charge via a hearing process. In this case, the defendant will file a motion and subpoena the arresting officer, who is then obligated to appear in court and explain the probable cause for the arrest. The defendant and other witnesses may be obligated to testify as well. From there, the court will make its ruling according to the evidence that was presented.
It’s essential to have a local DUI attorney to advocate for you in the court of law. A professional Virginia traffic lawyer will be able to walk you through the process of how to challenge your DUI suspension and the next steps in your case.
Have You Been Arrested for a DUI Charge in Virginia? Our Law Office Can Help
The Law Offices of Kermit A. Monge, we offer legal support to help you face your DUI charge responsibly. No matter how you choose to plead, an attorney in your corner can help make the process much easier for you. Our team is committed to ensuring your fair treatment and finding the best outcome for you. You can contact our office at 703.273.5500 or request a consultation online today.