While most of us rely on being able to drive to get to our jobs, do our errands, and get our children to school and their activities, driving is a privilege that can be taken away in Virginia if you commit certain offenses. However, you may be eligible for a restricted license that can allow you to drive to certain locations, such as to work, school, doctor appointments, and visitation with your children.
When Are You Eligible for a Restricted Driver’s License?
The Virginia Department of Motor Vehicles (DMV) has a list of crimes that qualify for a restricted license. In most cases, you would need to file a petition in the court where you were convicted and ask to be granted a restricted license. The judge is not required to grant your request but has the discretion to do so. You may qualify at the time of your conviction if you were convicted as an adult or found not innocent as a juvenile of these offenses:
- Driving under the influence (DUI) as a first offense
- Reckless driving
- Speeding
- Aggressive driving
- Illegal possession or consumption of alcohol
- Possession of drugs
If you are convicted of a second offense DUI or found not innocent as a minor, the following rules apply to when you would qualify for a restricted license:
- You must wait one year if your second DUI conviction was within five years of your first conviction.
- If your second conviction was within 10 years of your first conviction, you only have to wait four months to be eligible for a restricted license.
If you are convicted of other crimes or found not innocent as a juvenile, you may have to wait three years before being eligible for a restricted license. Some of these include:
- Third offense DUI
- Three DUI convictions within a 10-year period
- Maiming another person that involves a DUI
- Voluntary or involuntary manslaughter caused when driving a motor vehicle or when driving a motor vehicle while under the influence
- Habitual offender
Do you have questions regarding your eligibility for a restricted license? Do you need help filing a petition requesting a restricted license? Our skilled legal team is here to help. Call our office or start a live chat to schedule a free consultation today.
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