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If you are arrested for a DUI in Virginia and test .08 or higher you face a Virginia Driver License Suspension. This is the administrative license suspension that you can challenge by filing an appeal of your license suspension. If you are later convicted of DUI in Virginia you will also face an automatic license suspension regardless of the outcome of your administrative license suspension hearings.
The automatic license suspension of your driver’s license occurs when you test .08 or higher after a DUI arrest. If you are under 21 years old and test .02 BAC or higher you will also face an administrative license suspension. Commercial motor vehicle drivers who test .04 or higher will have both their Commercial Driver’s License (CDL) and regular driver’s license suspended. You only have limited time to appeal your driver’s license suspension. If you fail to appeal in time your license will be suspended without you having the opportunity to challenge the evidence against you.
I you are convicted of certain driving charges your driver’s license will be suspended automatically. These suspensions are usually reserved for the most serious traffic offenses such as DUI, reckless driving, driving while suspended, and other like charges. Upon conviction for any of these offenses the judge is required by law to suspend your driver’s license. Neither the judge, nor the prosecutor has the legal authority to waive this license suspension.
The length of your suspension will vary depending on the charge for which you were convicted. When you call our office we will be able to tell you the expected length of your driver’s license suspension if you are convicted.
It may be possible in some situations to obtain a restricted driver’s license during the time your license is suspended. The judge does not have to grant you a restricted license, but may do so under certain circumstances. A restricted driver’s license allows you to drive for limited purposes. It requires you fill out an application and file it with the court. If you are caught driving outside the scope of your limited driving privileges your restricted license will be revoked, and you may face an additional charge of driving on a suspended license.
You should have an attorney represent you at the hearing to obtain a restricted driver’s license as there are a number of restrictions and conditions that may be placed on your license if your application is granted. A driver’s license suspension is a serious matter that requires you to pay special attention to all of the conditions placed on your driver’s license.
If you have been arrested for a DUI in Virginia you need to fight for your driver’s license. Although a driver’s license suspension for a first time DUI is only seven days if you did not refuse to take the breath test, it will have a costly impact on your insurance for years to come.