Fight to save your license! For many of us, the ability to drive is absolutely necessary in order for us to maintain our employment, earn an income, provide for ourselves and our families and care for our children. If you have been arrested for DUI and/or Unreasonable Refusal to Submit to a Breath Test you may very well lose your ability to drive in Virginia.
The Mandatory Administrative Suspension of One’s License/Privilege to Operate a Motor Vehicle in Virginia Section 46.2-391.2
If you are charged with Driving While Under the Influence of Alcohol and/or Drugs (DUI) in Virginia and you:
- Took a breath test and blew 0.08 or higher
- Took a breath test and blew 0.02 or higher if you are under 21 years of age
- If you were also charged with Unreasonably Refusing to Submit to a Breath Test (Unreasonable Refusal)
Your license/privilege to drive in Virginia should have been administratively suspended on the spot.
The length of the Administrative License Suspension varies depending on the offense with which you are charged:
- 7 days for a first offense
- 60 days for a second offense within 10 years
- Until trial for a 3rd offense within 10 years
You may think it doesn’t seem fair to have your license/privilege to drive administratively taken away for such long periods of time before you have been found guilty of doing anything wrong. I agree with you.
In fact, you might be thinking to yourself that the Administrative License Suspension seems like a punishment imposed before you have even had a trial. I agree with you again, but this very issue was argued to the appellate courts in Virginia.
And the Virginia courts--through the use of some creative reasoning-- ruled that the Administrative License Suspension was not a punishment, but rather a remedial measure designed to keep one who is impaired off the street so he/she will not pose a danger to the public.
However, it is possible to file a motion with the Court challenging the administrative license suspension. This motion may save your license if you can show by a preponderance of the evidence that:
- There was not probable cause to charge you with a DUI or Unreasonable Refusal
- There was not probable cause to charge you with a 2nd, 3rd, etc. offense
If the motion can prove this, you will have at least a portion of the administrative license suspension rescinded.
The Additional Mandatory Suspensions of One’s License/Privilege to Drive In Virginia Triggered by Convictions for DUI and Unreasonable Refusal
in Virginia Sections 18.2-271 & 18.2-268.3
In addition, even though your license/privilege to drive in Virginia was probably already administratively suspended when you were arrested, if you are convicted of a DUI or Unreasonable Refusal in Virginia, your license/privilege to drive in Virginia will be suspended AGAIN.
As with the administrative license suspension, the length of the suspension triggered by the conviction varies depending on the offense in the following way:
- 1 year if what you are convicted of is called a 1st offense DUI or Unreasonable Refusal
- 3 years if what you are convicted of is called a 2nd offense DUI or a 2nd, 3rd, etc. Unreasonable Refusal
- Indefinitely if this conviction is at least your 3rd conviction for DUI within a 10 year window, without regard to what it is called in court.
Driving While Your License is Suspended or Revoked in Virginia
It is very tempting to drive both during the Administrative License Suspension and during any subsequent suspensions of your license/privilege to drive in Virginia. I urge you, DO NOT drive while your license/privilege to drive in Virginia is suspended unless you have been subsequently granted permission to do so by the Court.
If you are caught driving during the Administrative License Suspension or without authority during any period of suspension subsequently imposed after being found guilty of DUI and/or Unreasonable Refusal, you will likely be arrested, taken to jail and forced to pay a significant bond before being released.
If you are eventually convicted of the offense of Driving While Your License/Privilege Was Suspended or Revoked you will likely be fined, sentenced to serve time in jail, and your license/privilege to drive in Virginia will be suspended or revoked for an additional period of time.
If you are here on a visa, you could be deported, if you drive without a license.
You see, if you are convicted of Driving While Your License/ Privilege is Revoked and it is for an alcohol related offense, it may be considered a crime which could result in deportation. Please consult with a lawyer who focuses on Immigration Law for additional information.
The Mandatory Installation of Ignition Interlock Devices in Virginia
What is an Ignition Interlock Device?
The Ignition Interlock Device is basically a portable breath testing device that is installed in a vehicle and attached to a vehicle’s ignition system.
It is designed to prevent a person from starting the vehicle after consuming alcohol. The driver must blow in to the device before the vehicle can be started and the driver is required to submit breath samples at random intervals while the vehicle is being driven.
If alcohol is detected the vehicle quits operating normally. The device records all driving attempts, reports all alcohol levels detected and reports attempts to circumvent the device.
The obvious question is whether you will have to have an Ignition Interlock Device installed in your vehicle(s).
The answer is maybe. It depends on the facts and circumstances of your particular DUI case. Virginia relating to DUI and the installation of Ignition Interlock Devices requires that everyone convicted of any DUI involving a BAC of 0.15 or higher must have an Ignition Interlock Device installed in his/her vehicle(s).
In addition, Virginia DUI law mandates that everyone convicted of a subsequent (2nd, 3rd, etc.) offense of DUI within 10 years have an Ignition Interlock Device installed in his/her vehicle(s), even if the BAC was below 0.15.
Here's another question you might ask: If I am required to have the Ignition Interlock Device installed, how long will it have to be in my vehicle(s) and how much is it going to cost?
If you are ordered to have an Ignition Interlock Device installed in his/her vehicle(s), it must be installed for at least 6 months. At the expiration of 6 months you can request that the Ignition Interlock Device be removed from your vehicle(s) and if there have been no violations during the 6 months the request will likely be granted.
When you have an Ignition Interlock Device installed in your vehicles(s), you essentially rent the equipment for the period of time it is installed in your vehicle(s). The cost comes out to about $500.00 per vehicle for the 6 month minimum period of time.
If your freedom and your license to drive are important to you, call (703) 361-6100 or (540) 347-4944 now to schedule your appointment.
