Can I Get a Restricted Driver’s License After a DUI in Virginia? Here’s What the Law Says

November 21, 2025
Stevens Caruso

If you have been arrested for driving under the influence (DUI) in Virginia, you are facing several serious consequences. One of these consequences is the loss of your driving privileges. For a first-time DUI, you can lose your driver’s license for up to a year. Second-time offenders can face a three-year driver’s license suspension, and third-time offenders can have their driver’s license revoked indefinitely. Whether you may be eligible for a restricted driver’s license depends on the circumstances of your case. Learn more from an experienced Prince William County DUI attorney.

When You Are Eligible to Seek a Restricted Driver’s License After a DUI Arrest in Virginia

In Virginia, the rules regarding eligibility for a restricted driver’s license following a DUI arrest vary for first-, second-, and third-time offenders. If you are facing a DUI in Prince William County, read the relevant section below to learn about the rules that apply in your case:

First-Time DUI Offenders

If this is your first DUI, “[t]he court may grant you restricted driving privileges at the time of conviction.” However, it is up to you to petition the court for a restricted driver’s license, and you must be able to convince the court to grant your petition based on your individual circumstances.

This assumes you did not cause an accident while driving under the influence. If you get convicted of maiming another while driving under the influence or of voluntary or involuntary manslaughter resulting from driving under the influence, you will become eligible to file a petition for a restricted license three years after your conviction.

Second-Time DUI Offenders

If this is your second DUI, you will become eligible to petition the court for a restricted driver’s license after your conviction. You can file a petition for a restricted license after four months if it has been more than five years since your prior DUI, or after a year if it has been less than five months since your prior DUI.

Third-Time DUI Offenders

If this is your third DUI, you will become eligible to petition the court for a restricted driver’s license three years after your conviction.

To clarify, these rules apply to normal, non-commercial driver’s licenses only. If you have a commercial driver’s license (CDL) and your CDL gets suspended or revoked due to a DUI, you are not eligible to seek a restricted CDL in Virginia.

A Restricted Driver’s License is Not Guaranteed

While you have the right to petition the court for a restricted driver’s license (when you are eligible to do so), it is up to the court to decide whether to grant your petition. As a result, even if you file a petition at the appropriate time, a restricted driver’s license is not guaranteed.

If you hire a Prince William County DUI attorney to represent you, your attorney will be able to assist with preparing your petition, gathering supporting documentation, and presenting your petition in court. An experienced attorney will be familiar with what the courts expect to see when evaluating requests for restricted licenses, and will be able to explain why you deserve to receive a restricted license based on the circumstances of your case.

Common Examples of Restricted Driving Privileges

When you file a petition for a restricted driver’s license during or after your DUI case, you must state the specific type of restricted license you are requesting. In Virginia, the courts grant restricted licenses for specific purposes based on individual defendants’ or convicts’ needs. Some common examples of restricted driving privileges include:

  • A restricted license to drive to and from work
  • A restricted license to drive during work hours
  • A restricted license to drive to and from school
  • A restricted license to drive to and from medical appointments
  • A restricted license to drive to and from probation and other court-ordered programs
  • A restricted license for child transportation
  • A restricted license that requires the use of an ignition interlock device (IID)

As the Virginia Department of Motor Vehicles (DMV) explains, “Your restricted license order will explain any and all requirements imposed upon you by the court. You may be required to provide DMV with proof that you have met those requirements, in addition to presenting your restricted license order and paying the reinstatement fee, before DMV will issue a restricted driver’s license.” Here, too, an experienced Prince William County DUI attorney will be able to assist you with meeting all applicable requirements.

Your First Priority Should Be to Avoid a DUI Conviction If at All Possible

While you can seek a restricted license if necessary (subject to the time restrictions and other requirements discussed above), your first priority should be to avoid a DUI conviction if at all possible. As we said above, losing your driving privileges is just one of several possible consequences of a DUI in Virginia. Other possible consequences include:

  • Fines, fees, and surcharges
  • Restitution
  • Mandatory IID installation
  • Mandatory alcohol education (successful completion of the Virginia Alcohol Safety Action Program)
  • Jail time (or prison time)
  • Increased auto insurance premiums for several years
  • Job, financing, housing, and family-related consequences

Even these are just examples. Fighting to avoid these (and other) consequences requires an informed, strategic and proactive approach to your defense. The first step is hiring an experienced Prince William County DUI attorney to represent you. An experienced DUI attorney will be able to comprehensively examine the facts of your case to determine what defenses you have available and then assert these defenses on your behalf.

Schedule a Free Consultation with a Prince William County DUI Attorney Today

Are you facing a DUI in Prince William County? If so, we strongly recommend that you discuss your case with an experienced DUI attorney promptly. If you would like to speak with a DUI attorney at Stevens Caruso, contact us today. Call 703-897-1777 or tell us how we can reach you online to schedule a free in-office consultation as soon as possible.

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