How can I drive in Virginia if I am convicted of a DUI in Fairfax County?
If you have been convicted of a DUI or DWI in Fairfax County, the Court is required to impose a license suspension. Most of the time, you will be permitted to apply for a restricted license to allow you to drive your car. On July 1, 2020, the Virginia Legislature changed how restricted licenses work. At the Gordon Law Firm, our Fairfax DUI attorneys are up to date on the latest changes in the law and we will take this opportunity to explain what the new laws mean for our clients.
Alex Gordon and Carlos Wall offer a free consultation. Call us today at 703.218.8416.
License Suspensions for a First Offense DUI in Fairfax County
If you are convicted of a DUI first offense and the blood alcohol concentration is below .15 g/210L of breath, then the court may, upon your request, allow you to drive a vehicle that is equipped with an interlock device. There will be no restrictions on the operation of the vehicle, you may drive wherever you please. However, interlock must be installed on the vehicle you drive, and it is required that the interlock be on the car for a period of twelve months. If there are any violations on the interlock requirement, i.e. you blow a positive result into the machine, or you remove the device before you are permitted to, the Court will take away the restricted license.
If you are convicted of a DUI first offense and the blood alcohol concentration is higher than .15g/210L of breath, you may also request a restricted license. In this case, however, you will have to fill out a schedule of where and when you will drive. You are only allowed to drive for work purposes, childcare purposes, health purposes, probation purposes, and, once a week for religious services. Because you are required to establish that you have a lawful purpose in driving your car, if you are outside of the specifications in the Court order, you can be charged with a criminal offense and held in violation of your probation if you drive outside of the specifications. The Court will also order that an interlock device be installed in the vehicle you operate.
License Suspensions for a Second Offense DUI in Fairfax County
If you are convicted of a DUI second offense, when the first offense was within five years of the current offense, you are not permitted to apply for a restricted license for the first full year of the suspension. The suspension lasts three years. Once the first year is up, the Court will order that an interlock device be installed in every vehicle you own. You will also be required to fill out a schedule of when and where you need to drive, just like what was described above.
If you are convicted of a DUI second offense, when the first offense was within ten years of the current offense, you are not permitted to apply for a restricted license for the first four months of the suspension. The suspension lasts three years. Once the first four months are up, the Court will order that an interlock device be installed in every vehicle you own. You will also be required to fill out a schedule of when and where you need to drive, just like what was described above.
License Suspensions for a Third Offense Fairfax DUI conviction
For a third offense, the license suspension is permanent. After three years, you are eligible to petition for a restricted license. After five years, you are eligible to petition for restoration of your privilege to drive. The restoration process is long and complex, with many pitfalls for those who attempt it on their own. If you have need assistance obtaining a restricted license or restoration of your privilege to drive after a third DUI conviction, do not hesitate to call Carlos Wall and Alex Gordon.
The Fairfax DUI attorneys of The Gordon Law Firm have helped people accused of both felony and misdemeanor DUI charges since 2000.
Together Carlos Wall and Alex Gordon have more than 34 years of combined experience. We look forward to either helping you try to avoid a Fairfax County license suspension or try restore your ability to drive in Fairfax County.
Call us at 703.218.8416 or fill out the "Contact Us" form on this page to get your free consultation.