Virginia DWI License Suspension
If you’re arrested for DUI OR DWI in the Commonwealth of Virginia, you will be faced with the administrative suspension of your license in addition to various criminal penalties. At the time of your arrest, the police officer will confiscate your driver’s license and issue you a Notion of Suspension form. From that point on, your driver’s license will be suspended for a minimum of seven days for a first offense DUI/DWI or longer if it is your second or subsequent DUI/DWI arrest.
Appealing A License Suspension
While your license is administratively suspended, you may file a petition to review the suspension with the appropriate district court to review the suspension. If you are able to prove that either your arrest or license suspension were unlawful, the court will return your driver’s license to you. However, If you are unable to prove your case, then the court will affirm the suspension. It’s also important to know that if you request a review of your driver’s license suspension and fail to appear in court, your right to review your driver’s license suspension will be waived.
In addition to the administrative suspension of your driver’s license, your driver’s license will also be suspended as part of your criminal sentence. If you are convicted of a first offense DUI/DWI, you will lose your driver’s license for one year from the date of your conviction. If you are convicted of a second DUI/DWI within ten years, you will lose your driver’s license for three years from the date of your conviction. And if you are unfortunate enough to be convicted of a third or subsequent DUI/DWI within a ten-year period, you will lose your driver’s license altogether.
Filing For a Restricted Permit
The loss of your driver’s license is a serious penalty that can have far-reaching conssequences. However, you may be eligible for a restricted permit that will allow you to drive to and from work, school or to seek medical care. With a restricted permit, you will also be allowed to transport a minor child to and from school or daycare.