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Driving restriction hurdles for Virginia DUI convictions – DWI defense

Virginia DWI attorney pursuing your best defense against DUI and drugged driving charges

Jun 11, 2019 Driving restriction hurdles for Virginia DUI convictions – DWI defense

 

Driving restriction hurdles for Virginia DUI convictions - DWI defense

Driving restriction hurdles for Virginia DUI convictions – DWI defense

Driving hurdles are substantial for Virginia DUI convictions

Driving restrictions are onerous for a DWI conviction under Va. Code § 18.2-266 and pour salt in the wounds of already having such a conviction, and even more so for those receiving active jail time for such a conviction. As a Virginia DUI lawyer, I know that this is reason enough to fully defend against a drinking and driving charge.

How to most quickly recover one’s driver’s license administratively suspended after a Virginia DUI arrest

The burden begins with a seven day administrative suspension of one’s driving license for a first DUI charge with a breath/blood alcohol test of 0.08 or higher, and a sixty day suspension if the defendant is charged with a second or subsequent offense. Va. Code § 46.2-391.2. When a Virginia DUI defendant’s license is administratively seized and suspended , the quickest way to recover one’s license when it is ready for retrieval is at the courthouse on the date that the administrative suspension expires, rather than by mail.

Virginia DUI lawyer warns of additional driving penalties for second DWI convictions

It is bad enough that a Virginia DUI conviction results in a one year license suspension for a first offense, and a three year license suspension for a second offense. Add to that the one year waiting period to apply for a restricted license for a conviction for a second Virginia DWI offense within five years, and four months for a second conviction within ten years.

Judges have discretion to limit operation on a restricted license in Virginia DUI cases

A Virginia DUI-related restricted driving license is far cry from an unrestricted license. For those who need to work during the course of the workday at a moment’s notice (for instance real estate agents, salespeople, and delivery people), that may clash with the orders from those judges who require written verification of all restricted operation during the course of the workday. A Virginia DUI lawyer needs to be ready to persuade the sentencing judge to permit such operation without the need for written verification, and instead to permit the defendant to use two-party documentation where feasible, and otherwise for the driver to keep a running logbook in real time of the licensee’s origination and destination points.

What if my employer does not permit me to use the ignition interlock in company vehicles?

Employers are often reluctant to permit the installation of the ignition interlock device in their vehicles, whether due to expense, time interruptions, insurance considerations, corporate image, or the need for multiple employees to use the same vehicle. Virginia Code § 18.2-270.1(F) gives the court discretion to allow driving vehicles “owned or provided” by the employer without the interlock solely in the course of the convicted Virginia DUI defendant’s employment, so long as the defendant is not an owner or controller of the company, and so long as the company authorizes such driving. Such driving without the interlock is not covered by the standard Virginia restricted driving application, but a provision for such driving is included as an option in the standard Virginia restricted license language.

These driving hurdles from a Virginia DUI conviction are reason enough to fully fight DWI prosecutions.

Virginia DUI lawyer Jonathan L. Katz pursues your best defense against DWI, impaired driving, and drugged driving charges, having successfully defended hundreds of DUI defendants. To discuss your case with Jon Katz, please call his staff at 703-383-1100 to schedule a confidential consultation. 

1 Comment
  • john iorio
    Posted at 17:20h, 11 June Reply

    I went through this hell the past 4 years, now all my legal obligations are done….I can clearly see defending driving rights in a court, however it seems to me that motor vehicle departments have their own constitution and laws. They really are a country within a country, and I had to pay obscure tickets from 1990 and the like. The interlock companies have free reign on their charges, and fees, and I have paid over $3000 for the device. I would love to take legal action against their tyranny. I have elected to keep the device, however I do not approve of their reckless rules. Judges can set limits on taxi fares, and cigarette prices, why can’t a ceiling be imposed on these i.i device companies?…….the D.M.V. needs to be reigned in as well, they are getting away with hi- way robbery.

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