Practice Areas
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Blog 
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Firm News
W&L professor formally sues Virginia Lottery
Salmonella can ride water into tomatoes
Cold Medication Use In Young Children Can Lead To Adverse Effects, Even Death
Man in critical condition after being hit by car in Norfolk
Deaths linked to heparin use rise to 149
Two Naval Men Injured in Va. Beach Wreck
Ford Recalling 655,000 Trucks With Braking Problems
Study: Active Women at Reduced Risk for Breast Cancer
Beta Blockers Increasing Stroke Risk
Driver gets 60 days for hitting, dragging two children
Firm Library
Personal Injury and Automobile Accidents
- One in Three Va. Drivers Texting
- No Civil Liability for Hosts or Bars in Virginia
- Is Your Car Spying On You?
- What can be done about teen car deaths?
- Virginia's Seat Belt Laws
Medical Malpractice
- New Technology may Reduce Physician Mistakes
- Shortage of On-Call Specialists at Hospitals is Costing Patients
- Switching to Electronic Health Records has Great Benefits, But Poses Liability for Hospitals
- Website Allows Consumers to Compare Hospitals
- Medical Interns and Sleep Deprivation
DUI, Traffic and Criminal Law Defense
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
- How Virginia's Driver Demerit Point System Works
- Three Driving Demerit Point Offenses
- Four Driving Demerit Point Offenses
Divorce
General
Requesting a Restricted License in Virginia
Under Virginia law, one of the sanctions that may be imposed on you if you are found guilty of driving under the influence is the suspension or revocation of your license.
The Initial Suspension
Virginia has an administrative pre-conviction license suspension. The initial license suspension is for seven days from the time of your first offense, 60 days from the time of the second offense, and until the date of trial for your third offense.
Norfolk, Virginia DUI firm Weisberg & Zaleski can challenge this automatic suspension on the grounds that the officer did not have probable cause to believe you were driving under the influence. If the challenge is successful, you will immediately get your license back. If it is not successful, your license will be returned at the end of the statutory period. There is no such thing as a restricted license during the pre-trial period.
Mandatory Suspension Periods
Virginia DUI law requires a mandatory license suspension following your second conviction. There is no mandatory suspension for first time offenders, though the judge may use his discretion and temporarily suspend your license.
After the second conviction, the mandatory suspension is for one year.
After a third conviction, the mandatory suspension is 10 years.
Requesting a Restricted License Following a Conviction
A suspended license can be crippling on your life if you are convicted. Without being able to drive a car, you may not be able to get to school, work, or court-ordered treatment. For this reason, you are allowed to request a restricted license from the court.
You may request a restricted license at any point following your first conviction or after a year if you have been convicted twice. This license will allow you to drive for limited purposes like work, school, doctor visits, or transporting your children. Most judges will limit the number of hours per day and/or days per week that you are allowed to operate your vehicle on a restricted license.
In Norfolk, in order to regain your driving privileges, you must complete a Restricted License Application form and submit it to the application to the Criminal Division of the Circuit Court. Additionally, all of your court fines and costs must be paid in full.
The Law Firm of Weisberg & Zaleski is experienced in helping clients request restricted licenses after a DUI conviction in order to help those clients get back on their feet and resume a normal life. If you have any questions about Virginia DUI law, please contact us at (800) 690-0235
Ask an Attorney
Free Consultation
Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
FAQs
Personal Injury and Automobile Accidents
- Do I need a specialty lawyer for my personal injury case?
- When do I have a personal injury claim?
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Should I leave my vehicle unmoved at an accident scene until the police arrive?
- Should I call an Attorney before seeking medical attention?
Medical Malpractice
- What will the attorneys fees cost?
- What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?
- How is medical malpractice defined?
- The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
- Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?
- I have failed my breathalyzer test. What good can an attorney do in such a case?
- When should an attorney be present with me?
- I have been asked to sign some forms by the police officers. What should I do?
Business Litigation
- What is involved in litigating a business matter?
- What are the alternatives to litigation?
- How does mediation differ from arbitration?
- What effort will you put in to my case?
- What fee schedule is employed for a class action?
Divorce
- If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
- Do you have to have the agreement of your spouse to get divorced?
- How is it possible to agree on a divorce with the best possible outcome for both parties?
- Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
- How likely is it for a father to retain custody of the children?