Unrestricted restricted licenses after a Virginia DUI conviction- Fairfax criminal lawyer clears the air

Unrestricted restricted (UR) licenses were a big breakthrough when they came on the scene a few years ago. As a Fairfax criminal lawyer, I know that I oppose statutorily mandated driving suspension (one year loss of license (LOL) / driving privileges for a first offense, and it can get worse for repeat offenses) and ignition interlock device (IID) installation in the first place for Virginia DUI (driving under the influence of alcohol and/or drugs) convictions. However, such mandated suspensions and installations are not likely to go away anytime soon. At least the UR license makes the IID the only condition of driving. That, of course, is still no picnic. Being required to drive with an IID precludes car rentals and requires asking the court for permission to drive employer provided vehicles without the IID, which relief is not even available to a co-owner of the business, and is not provided without one’s employer’s request, which means the Virginia DWI defendant’s employer knowing about the case, possibly rejecting requesting such relief, and potentially taking adverse employer action against the defendant foor any Virginia DUI conviction. By this point in reading this article, you may be wondering whether drinking and driving is ever worth the risk. As much as some bars and restaurants will not like me saying so, I strongly urge overcovering risk by not driving a vehicle and staying away from all driver seats at least twenty-four hours after consuming any alcohol at all, whether that be wine, beer, liquor, alcohol-containing medicine, alcohol-containing mouthwash and any other alcohol-containing products. And if you drive with an IID, be even more careful, because IID’s are very sensitive apparently even to cosmetics and other skin care products containing alcohol.

Am I eligible for an unrestricted restricted license if convicted for committing DUI under Virginia Code § 18.2-266

The shorthand way to know whether you are eligible for a Virginia unrestricted restricted operator license (ROL or OL) is to check the Virginia government-issued restricted license application. The more complete answer comes from the Virginia Code:  “However, if (i) a conviction was under § 18.2-266 or a substantially similar ordinance of any county, city, or town; (ii) the conviction was for a first offense; and (iii) the offender was an adult at the time of the offense, the only restriction of a restricted license that the court shall impose is to prohibit the offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for not less than 12 consecutive months without alcohol-related violations of the interlock requirements. Upon motion of an offender, a court may require a minimum of six consecutive months without alcohol-related violations of the interlock requirements if additional restrictions are ordered for the duration of the restricted license.” Virginia Code § 18.2-270.1(C). 

Must my Virginia DUI conviction be for below a 0.15 blood alcohol concentration (BAC) for me to be eligible for a UR license?

When unrestricted restricted licenses first came into being in Virginia, they were not available for Virginia DWI convictions where BAC of 0.15 or higher was part of the conviction. That bar no longer exists under the current version of Virginia law. For Virginia DUI defendants, that is now one less incentive to plea guilty or no contest / nolo contendere / Alford in exchange for striking the charging document’s (whether warrant of arrest, summons or indictment) allegation of a BAC over 0.15. Certainly, an incentive for such negotiations still is to avoid the mandatory incarceration / jail time that comes with a Virginia DWI conviction with a BAC at or over 0.15 BAC.

Can I obtain a UR license during my license suspension period after a Virginia reckless driving conviction?

A Virginia reckless driving conviction permits a license suspension from zero days to six months. Some people would prefer limited restricted driving in order to avoid the IID (with the sentencing judge deciding whether such non-IID restricted driving will be permitted). For those willing to deal with the hassles and expense of the IID’s being the only limit on driving (unrestricted restricted) during the suspension period after a reckless driving conviction, the court “in its discretion and for good cause shown, issue the defendant a restricted license to operate a motor vehicle in accordance with the provisions of subsection E of § 18.2-271.1 where the only restriction of such restricted license that the court shall impose is to prohibit the defendant from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a period of not less than six consecutive months without alcohol-related violations of the interlock requirements.” Virginia Code § 18.2-271.5.

Fairfax criminal lawyer / Virginia DUI attorney Jonathan Katz relentlessly pursues your best defense, not merely becuse that is what his clients hire him for, but because Jon Katz gets the same rush from today’s victory as his career’s first. When you visit Jon Katz for your initial strictly confidential free in person consultation for your court-pending case, you have opened the right door in the direction of your great defense. Usually Jon’s staff can schedule you to meet with Jon within a business day of your contacting us at 703-383-1100, Info@KatzJustice.com, or (text) 571-406-7268.