- 1st 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.
- 2nd, 3rd, 4th, 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.
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