When Do Driving Privileges Get Revoked 

 

In Virginia, driving is considered a privilege, not a right. Therefore, the court can suspend or revoke an individual's license as part of the sentence or punishment for certain crimes. The court will revoke and not thereafter reissue the driver's license of any person after receiving a record of the conviction of any charge specified under Va Code § 46.2-391,

such as conviction of a violation of:

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• Involuntary manslaughter VA Code § 18.2-36.1 

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• Maiming of another resulting from driving while intoxicated VA Code § 18.2-51.4 

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• A felony violation of Driving motor vehicle, engine, etc., while intoxicated VA Code § 18.2-266​

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• Three convictions of offenses arising out of separate incidents or occurrences within a period of 10 years in violation of the provisions of subsection A of § 46.2-341.24 or 18.2-266 (driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction), or a substantially similar ordinance or law of any other jurisdiction

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How to Get Driving Privileges Restored After Being Revoked 

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The court has several stringent requirements that must be followed before a Petitioner's driving privileges can be restored. These requirements are specified in VA Code § 46.2-391.  The driver is be able to petition to have driving privileges reinstated after waiting a period of 5 years. This is called a license restoration and is more difficult than a normal license reinstatement. To have Driving Privileges restored, the court will require that: 

 

• A period of 5 years has passed before petitioning for reinstatement;

• An evaluation by the Virginia Alcohol Safety Action Program;

• Proof of payment of all court fines and costs;

• A Copy of an SR22 certificate of financial responsibility from the insurance company;

• Completion of all driver improvement or alcohol education programs;

• Completion of all driving knowledge and road skills tests;

• Installing an IID on your vehicle (from 6 months to 3 years), regardless as to whether a restricted driver's license is granted;

• Paying all reinstatement fees

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A Petitioner may petition the Circuit court of his/her residence and if the Petitioner is not a Virginia resident, they may petition any circuit court in the state. A copy of the Petition can be found here. Importantly, the court will asses whether the petitioner was, at the time of the  convictions, addicted to or psychologically dependent on the use of alcohol or other drugs; and (ii) At the time of the petition, no longer addicted to or psychologically dependent on the use of alcohol or other drugs. 

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How We Can Help

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The Pickett Law Group, PLLC is an experienced law firm with two generations of former prosecutors, who have fought from both sides of the courtroom on all types of legal issues including have driving privileges restored. Contact us today and we will begin fighting on your behalf today. 

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