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How to Get Your License Back After a DWI in Virginia
In Virginia, individuals commit DUI offenses when they operate motor Vehicles, engines, or trains with a Blood Alcohol of 0.08% or more or while impaired by alcohol, drugs, or a combination of both. A DUI in Virginia is a criminal offense with penalties such as license suspension by the Virginia Department of Motor Vehicles (and the court, if the violation results in a criminal conviction), fines, and possible jail time. Beyond the immediate penalties, a Virginia DUI violation may impact employment, auto insurance, and professional licenses.
Step 1: Know the Terms of Your Suspension
There are two types of license suspension for DUI in Virginia: pre-conviction and post-conviction suspensions. Upon a DUI arrest, the Virginia Department of Motor Vehicles will impose a 7-day Administrative License Suspension for a first offense (either for failing a DUI test or refusing to take one). The suspension extends to 60 days or till the trial date (whichever comes first) for a second and subsequent violations. In addition to an ALS, the court may impose additional suspension and penalties after a DUI conviction (this may last between 1 and 5 years).
In Virginia, administrative and court-imposed suspensions run consecutively. A DUI offender must fully serve the administrative suspension before trial, and post-trial suspensions do not credit ALS.
Administrative License Suspension
| Offense Type | Length of Suspension | Waiting Period for Reapplying for License Reinstatement |
|---|---|---|
| First Offense or Refusal | 7 days | 7 days |
| Second Offense or Refusal | 60 days or until trial | 60 days |
| Third and Subsequent Offenses or Refusals | Until the trial date | After the trial date |
Court-imposed Suspension
| Offense Type | Length of Suspension or Revocation | Waiting Period for License Reinstatement |
|---|---|---|
| First DUI (Suspension) | 1 year | Immediately after the revocation |
| Second DUI (Suspension) | 3 years | Immediately post-revocation |
| Third DUI (Revocation) | Indefinite (but the offender may petition after 5 years) | After 5 years |
| First Refusal of Chemical Testing | Minimum of 1 year | After the suspension period |
| Second Refusal of Chemical Testing | Minimum of 3 years | After serving the suspension. |
Step 2: Fulfill Court and DMV Requirements
A DUI violation in Virginia may carry two types of penalties: an administrative license suspension and court-ordered conditions. The administrative penalties are automatic driving suspension by the Virginia Department of Motor Vehicles. However, the court may impose a separate license suspension or revocation in addition to fines, community service, jail time, and other penalties if the DUI results in a conviction. Furthermore, offenders may have to enroll and complete mandatory Virginia Alcohol Safety Action Programs (VASAP) before license reinstatement.
In Virginia, administrative actions against DUI violations and court-ordered conditions run consecutively. An offender must complete the administrative suspension in addition to any court-imposed suspension or revocation.
Step 3: Complete a DWI Education or Treatment Program
Completing DUI programs is mandatory for license reinstatement in Virginia. DUI offenders in Virginia must enroll and complete the Virginia Alcohol Safety Action Program (VASAP), and in some cases, mandated outpatient treatment before getting their licenses back.
The Virginia Alcohol Safety Action Program is court-mandated for all DUI violations in the state, including first, second, and third DUI offenses. This court-ordered program includes 2-hour weekly classes for 10 weeks and may require additional counseling or testing depending on risk level. The VASAP costs $300.00 plus an extra $100.00 intervention fee. Enrollment is through court referral to state-certified ASAP offices, and registrants must report for the program within 15 days of the court order or conviction date.
Beyond ASAP, the court may mandate additional Outpatient Counseling / Substance Abuse Treatment whose duration ranges from several weeks to months if there is a substance use disorder. Enrollment in outpatient programs is through state-licensed treatment providers, and the costs vary.
Step 4: Get SR-22 Insurance or Equivalent
DUI offenders and individuals driving without insurance in Virginia need to purchase FR-44 coverage. An FR-44 is a special certificate that car insurance companies file with the Virginia Department of Motor Vehicles on behalf of drivers as proof of extra liability insurance coverage (typically double the state's minimum liability coverage). For FR-44 coverage, contact local insurance companies and request policies with FR-44 filings. Alternatively, shop around for insurers that offer high-risk insurance.
Generally, filing an FR-44 coverage costs between $15.00 and $50.00. However, it may increase the yearly car premium by 50% to 100%. In Virginia, DUI violators must maintain FR-44 coverage for at least 3 years, starting from the date of their license reinstatements. Any lapse or cancellation may result in suspension.
Step 5: Pay Reinstatement Fees
Virginia has a statutory $220.00 fee for DUI license reinstatement and a $5.00 multiple order cost for each additional active suspension or revocation beyond the first offense. Beyond the statutory payments, there may be outstanding court costs and fines that offenders must offset. However, although the Virginia Budget Bill - HB1700 (Chapter 854) may permit license reinstatement without immediate payment of all court costs if the offender is on a payment plan, interest will accrue after 40 days.
Drivers seeking their license may make reinstatement payments with cards through the Virginia DMV License Reinstatement Payment Portal. Applicants may also make check and money order payments to:
The Virginia DMV
P.O. Box 27412,
Richmond,
VA 23269.
Reinstatement fees may be paid using cash, checks, money orders, or credit cards at Virginia DMV offices.
Step 6: Submit Your License Reinstatement Application
Drivers seeking reinstatement of their driving licenses in Virginia may submit their applications online, in person, or by mail. Before applying for a license reinstatement, visit the Virginia DMV Reinstate Driver's License Webpage and request a personal Compliance Summary and Driver's Transcript to access the requirements for reinstatement. For submission of license reinstatement application, complete the necessary steps (filing FR-44 coverage and including VASAP certificate. Pay online through the Reinstatement Fee Payment Portal and track the progress through the Virginia Department of Motor Vehicles Track Your DMV Product Portal.
Applicants may also submit license reinstatement applications by mail to the addresses on their Compliance Summary. To submit them in person, schedule an appointment with the Virginia DMV E-ticket System.
What If You're Denied License Reinstatement in Virginia?
The Virginia DMV may deny a license reinstatement for reasons including:
- Not fulfilling Court orders
- Failure to enroll and complete the Virginia Alcohol Safety Action Program
- Lack of FR-44 coverage
- Non-payment of reinstatement fees
- Active criminal cases or suspension
- Non-completion of the reinstatement checklist.
If the Virginia DMV denies a reinstatement application, the applicant should:
- Check the Compliance Summary and correct any outstanding issues
- Request an administrative hearing if there are reasons to believe the denial is in error
- Reapply for reinstatement immediately after correcting any pending issue (no waiting period).
Hardship Licenses: Driving with Limited Privileges
A Virginia Restricted Driver's License (RDL) is a temporary document that permits individuals whose licenses are suspended due to DUI violations to drive for court-approved reasons. These documents allow DUI offenders to commute to work, school, medical appointments, religious services, and other court-approved locations within specific times.
Drivers may be eligible for Restricted Licenses if:
- Their license suspensions result from DUI violations
- They enroll for VAPAS and install Ignition Interlock Devices
- They receive Court approval during or after their convictions
- They do not fall under the category of felony or habitual offenders.
Virginia's Restricted Driver's License is only for court-approved purposes, times, and locations.
How Long Does It Take to Get Your License Back After a DWI?
The timeline for license reinstatement after a DUI in Virginia depends on the offense history and the fulfillment of the mandatory requirements. Offenders must complete their suspension periods to qualify for full license reinstatement. However, they may be eligible for Restricted Licenses if they fulfill the requirements during the suspension period.
If the DUI is a first offense, it may take 1 year to get a license back after suspension. Individuals serving a license suspension for a second DUI may get their license back after 3 years, but they may qualify for a Restricted License within 4 months to 1 year. For a lifetime license revocation for a third DUI, offenders may petition the courts for reinstatement five years after suspension.
To qualify for license reinstatement, offenders must:
- Finish and submit certificates of completion for the Virginia Alcohol Safety Action Program
- Maintain FR-44 coverage
- Pay all applicable reinstatement fees
- Install Ignition Interlock Devices.