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Losing Your License as a Habitual DUI Offender in Virginia

If you’ve been caught repeatedly driving under the influence in Virginia, you could face being classified as a habitual offender. In this situation, you will face much stricter penalties than a first time DUI offender, including loss of your driving privileges.

Definition of a Habitual Offender

In Virginia, a habitual offender is defined as an individual who has received three major convictions or twelve major convictions within a 10 year period. Major convictions include:

• Driving while under the influence of alcohol or drugs
• Driving on a suspended or revoked license
• Voluntary/involuntary/aggravated involuntary manslaughter
• Providing false information to DMV
• Using a vehicle in the commission of a felony
• Any motor vehicle violation that is considered a felony
• Hit and run resulting in injury, death or property damage exceeding $1000

Minor convictions include:

• Refusal to take a blood/breath test
• Fraudulent use of a driver's license
• Fraudulent application for license
• Operating or permitting operation of an uninsured vehicle
• Racing
• Assault, willful stop, impede and/or damage a vehicle
• Attempting to elude police--misdemeanor
• Reckless driving
• Any motor vehicle violation that requires the court or DMV to suspend driving privileges

You can be declared a habitual offender by the Virginia Department of Motor Vehicles (DMV), a general district or circuit court.

Restoration of Driving Privileges

Being declared a habitual offender means that you will lose your driving privileges indefinitely. When your driving privileges are returned depends on why you were classified as a habitual offender in the first place. If your classification as a habitual offender includes just one DUI conviction, then your driving privileges will be restricted for three years from the date you were declared a habitual offender. Full driving privileges will be restored five years from the date that you were declared a habitual offender. The court may give you credit for revocation time served as a result of a third DUI offense.

Once you’ve been classified as a habitual offender, your driving privileges can only be restored by a court. If you were declared a habitual offender by the DMV, then you need to petition the circuit court in the city or county where you live. If you do not live in Virginia, then you can petition any Virginia Circuit Court. On the other hand, if you were declared a habitual offender by a court, you can petition the court where you were declared a habitual offender or you can petition the circuit court in the city or county where you live.

Once you file your petition:

• You must ask the court to send a copy of your petition to the DMV and the commonwealth's attorney in the court jurisdiction where you file the petition
• The DMV will advise the commonwealth's attorney about your eligibility to have your driving privilege restored on either a restricted or full basis
• There is a 30 day waiting period after the court receives your petition before a hearing date is set
• The court may wish that you be evaluated by the Virginia Alcohol Safety Action Program prior to your hearing date
• If your petition is granted, you must comply with any other outstanding DMV suspensions
• If your petition is granted, to receive your driver’s license you must take and pass the complete driver’s license test

If you are facing a charge of driving under the influence (DUI) and you need the help of a skilled attorney, then please contact Weisberg & Zaleski.

Weisberg & Zaleski, P.C.

112 College Place

Norfolk, VA 23510

Toll Free: (800) 690-0235

Phone: (757) 622-7740

Fax: (757) 533-9223

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