But I need to be able to drive to keep my job, my house and provide for my family. Can the court at least allow me to drive for work?

 

A: Maybe - it depends on whether it is your first DUI / DWI offense, second DUI / DWI offense or third (or more) DUI / DWI offense.  

• 1^st offenses: If this is your first conviction for a DUI / DWI, Virginia courts have the authority to grant restricted driving privileges immediately. However, just because the court has the authority to do so, doesn't mean the court will agree to do so. In many cases where the court could grant restricted driving privileges, the court will refuse to so until some time has passed and/or until the court has a report from a substance abuse education and treatment program which discusses the person's level of abuse and dependence on alcohol, likelihood to reoffend, etc.  
• 2^nd, 3^rd, 4^th, etc. offenses: If this is your second, third, fourth, etc. conviction for DUI / DWI within 10 years, Virginia courts do not have the authority to grant restricted driving privileges until some time has passed. The length of time that you must wait depends on how many times you've been down this road, and it can be as short as 4 months or as long as 3 years, depending on the facts and circumstances of your case.  

It is important to note that unless and until you are granted restricted driving privileges, you are not allowed to drive at any time, for any reason, and if you are caught driving during this time you will likely be arrested and taken to jail.

If you and your lawyer are successful in persuading the court to grant you restricted driving privileges after being convicted of a DUI / DWI, Virginia law enables courts to allow driving for a few limited purposes, such as:

• to get yourself to work
• to drive during work if your job requires you to do so
• to get yourself and your children to school
• to get yourself, your children, your parents and household members to doctors
• to get your children to day care
• to get to court ordered visitation with your children
• to get to alcohol education and treatment programs
• to appointments with a probation officer
• to programs required as a condition of probation  

Although Virginia law does not require it, most courts in Virginia place arbitrary limitations on the number of hours per day and the number of days per week you will be permitted to drive - and will not allow you to drive around the clock, seven days a week, even for the purposes allowed.  So, if you are convicted of a DUI / DWI in Virginia, and you are successful in getting the court to grant you a restricted license, you will only be allowed to drive for a few limited purposes, and only during certain hours. 

The Wilson Law Firm
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The lawyers of The Wilson Law Firm have traveled Virginia’s several interstates helping clients just like you - appearing in courts all across the Commonwealth of Virgnia - from Virginia Beach and Norfolk in the southeast, to Wise County in the southwest, all the way up I-81 to Frederick County / Winchester in the northwest, and all the way across Warren County, Fauquier County, Prince William County, and Fairfax County on the way to Arlington County and the City of Alexandria in the northeast. The Wilson Law Firm regularly serves Prince William County, the cities of Manassas and Manassas Park, the towns of Haymarket and Quantico, Fauquier County / Warrenton, Stafford County, Spotsylvania County / Fredericksburg, Loudoun County / Leesburg, Fairfax City, Fairfax County, Arlington County, the City of Alexandria, Culpeper County, Warren County / Front Royal, Clark County / Berryville and Shenandoah County.