In Virginia, drug possession laws classify substances into different schedules according to their likelihood to cause addiction and loss of life. The consequences of being charged with drug possession vary depending on the schedule of the drug you are accused of having. Whenever you face drug possession charges, hire a criminal defense attorney to help […]
Will My License Be Suspended For DUI?
DMV Will Administratively Suspend Your License BEFORE Your Trial
What’s going to happen to my license? Well, if you’re charged with DUI first in Virginia, your license will be administratively suspended by DMV for seven days. That’s an automatic. You can file a motion to try to have it reinstated, but that’s kind of automatic. If you’ve been charged with a second or subsequent or you have prior DUI convictions, then your license will be suspended for up to your trial day or up to 60 days, whichever one’s more.
So, if you’re charged with DUI second, then your license is suspended up to 60 days unless your trial resolves it before then. That’s all pretrial. Unfortunately, DUI’s one of those offenses that your due process is kind of brushed aside by the legislature because, I guess they just feel that you don’t have full rights when you’re charged with driving under the influence. Then for some reason just because you have a driver’s license, that means that you aren’t owed complete due process in terms of a criminal charge.
So, those are actual pretrial suspensions.
License Suspension for DUI Conviction
If you are actually convicted of DUI, you don’t get credit for the pretrial suspensions. If you’re convicted for DUI first, you’re facing a 12-month suspension of your license. It’s an automatic suspension, 12 months, nothing your attorney, prosecutor, judge can do about it, it’s mandatory.
If you’ve been convicted of a prior DUI and this is going to be your second or more, then you’re facing, for a second DUI, you’re facing the license suspensions of three years. Even worse, you’re not eligible for a restrictive right away. For a second of ten, which means it’s been between five and 10 years since your prior DUI. Your a hard loss of license for four months, so you can’t drive for four months and then your eligible for restrictive for the next two years and eight months.
If you have received a prior DUI within five years, then you’re eligible for a restricted license after one year, so you get two years of restrictive license, so that first year you’re a hard loss then for the next few years, you’re eligible to have a restricted.
Restricted License After DUI Conviction
You are typically eligible for a restricted license after you have been convicted of DUI. These licenses are, in fact, restricted in nature. It’s only good for six days out of the seven days of the week and only go for a 12-hour window during those days. A restricted license will allow you to do the following:
- Drive to and from work
- Drive to and from school
- Drive to and from medically necessary treatment for you or a dependent in your house
- Drive to and from church
- Drive to and from Probation/Court appearances
And if you have to drive for work, say you’re in construction, you have different work sites, you’re not always going to the same office building, you need to keep a some kind of schedule along with you showing where you’re supposed to be going and what times. So, that way if you’re pulled over for a traffic violation or something, they can see that you have proof of where you’re supposed to be going for work. Otherwise, you can incur additional charges.
Call Johnson Law Firm To Review Your DUI Case
If you have any questions about license restrictions, how to apply for it, usually, your attorney applies for it on your day of your trial or plea bargain or your day at court. Usually your attorney’s there to assist you with that. Usually what happens is the judge will review it, approve it, and then when you become otherwise eligible, which means you’ve paid your fines and costs and any mandatory suspension times have expired, then you can go to DMV and get your new license that has a restricted on the license. That way officers know that you are in fact restricted.
If you’re convicted of DUI first, you’ll need to turn in your license at the time of your conviction. The judge would typically sign off on your restricted license and give you approval to drive home. You need to request a separate approval in order to drive home from this unless you’re able to pay your fines and costs in full on that day. Because especially in Prince William County, they will not approve a restricted license until all those fines and costs are actually paid to the court.
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