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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
Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223