Ned Michie
​Attorney at law

Representing ​Virginia Clients
For Over 30 Years

Restoration of 

​Driving Privileges 

Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Experience Matters

Personal Attention to Every Case

I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Driving Privileges Restoration

       People can have their driving privileges suspended, restricted, or lost for a number of reasons. If you are not exactly sure why your license is suspended or what steps you need to take to get driving privileges restored, get a compliance statement from the DMV. 
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Some of the more common reasons driving privileges get disrupted are: 

• Failing to pay a court fine.  Even fines completely unrelated to driving can result in suspensions. See Va. Code § 46.2-395. To get your driving privileges restored, start by getting a compliance statement from the DMV; it will tell you what you need to do to get your privileges restored and specifically what court(s) have a suspension on you. Then go to those courts and set up a payment plan. You do not have to pay off the full amount of the fines owed, in order to get cleared by the court and the DMV to get driving privileges restored -- but you must set up a payment plan with each court and stick to it (or get the payment plan changed, if needed, by the court). Again, the compliance statement is the key document to follow to get back to driving.

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• ​Suspensions for convictions of DUIs, drug possession, serious traffic charges, or other criminal convictions. See my subject matter pages for more details on specific offenses; also see links below. These suspensions and restrictions are generally set by the judge on the date of conviction, and you need to get any modifications from that same court. Sometimes, however, it is the DMV that does the suspension based on a conviction by the court -- even though the court did not issue a suspension. 

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• Medical suspensions.  See, for example, Va. Code § 46.2-322.  These generally come about when the DMV gets some notice of concerns about your medical condition. DMV then requires a doctor to certify whether you are safe to drive.    

Habitual Offenders or Felony DUI License Suspensions

       The two most common reasons people come to me to help get their driving privileges restored are: (1) they were declared Habitual Offenders back when that was being done by the DMV and the courts, or (2) they were convicted of a felony DUI (3rd or subsequent offense).

        In both these situations, the person's license is suspended, essentially indefinitely, until a person petitions the Circuit Court for restoration of driving privileges.

     More details are below, but the Bottom Line is that Petitioning Can Be Complicated, and if Driving is Important to You, then Having an Experienced Attorney Definitely Gives You the Best Chance to Successfully Get Back on the Road 

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​Habitual Offender Suspensions
        Prior to 1999 (when the law was repealed), the courts and DMV used to declare people "habitual offenders" if they had three or more "serious" driving offenses. These offenses most commonly ended up being a combination of convictions of DUIs and driving on a suspended license (for example, 1 DUI + 2 driving suspended or 3 driving suspended).  

       Curiously, when the legislature repealed the law, it did not pass a law that automatically allowed all previously declared habitual offenders to be eligible for license restoration. Consequently, the large number of people who were H.O.'s in 1999 are still not eligible to drive until they file a petition in Circuit Court and get permission from the judge. The primary laws regarding petitioning for restoration ( Va. Code § 46.2-360, Va. Code § 46.2-361, and Va. Code ​§ 46.2-358) usually have waiting periods that must pass before one can be eligible for restoration (3 to 5 years), but those time periods have all already passed for everyone who is still a declared H.O. Nevertheless, some courts still have their own (I believe misguided) policies of not restoring privileges to anyone with a recent driving conviction, but those time periods are not set in stone with the force of law.   

        Moreover, those individuals who had DUI convictions as part of the reason they were declared H.O.'s must demonstrate that alcohol use is no longer something that is a concern (see  Va. Code § 46.2-361).  Different judges have different levels of proof on this issue that must be met before they will restore a person's driver's license. The court also has the power to start a person with just a restricted driver's license (e.g. just being allowed to drive to and from work -- and to and during work -- for work purposes; see Va. Code § 18.2-271.1, or requiring an ignition interlock device to test for alcohol use).  Indeed, starting a person with a restricted license is quite common even in situations where the judge could have jumped straight to full restoration.  

​       Having an experienced attorney argue your case certainly gives you the best chance for a restoration of rights and for avoiding undue restrictions. ​

DUI Felony Suspensions 

      The driver's license of a person convicted of three or more DUIs in a 10-year period is suspended indefinitely on the day of conviction. See Va. Code § 18.2-271 . The law allows, however, for the defendant to file a petition to ask the court for restricted driving privileges after three years, and after five years the defendant can petition the court for restoration of full privileges. 
 
         With all such petitions, it is fully in the discretion of the court to decide whether to grant driving privileges and what legally allowed restrictions to impose. 
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      For a restricted license application, the law states, in part, as follows: (click link to ensure latest version of  Va. Code § 18.2-271)  

  "For a restricted license to authorize such person to drive a motor vehicle in the Commonwealth in the course of his employment and to drive a motor vehicle to and from his home to the place of his employment after the expiration of three years from the date of his last conviction. The court may order that a restricted license for such purposes be issued in accordance with the procedures of subsection E of § 18.2-271.1, if the court is satisfied from the evidence presented that (i) at the time of the previous convictions, the petitioner was addicted to or psychologically dependent on the use of alcohol or other drugs; (ii) at the time of the hearing on the petition, he is no longer addicted to or psychologically dependent on the use of alcohol or such other drugs; and (iii) the defendant does not constitute a threat to the safety and welfare of himself and others with regard to the driving of a motor vehicle. The court shall prohibit the person to whom a restricted license is issued from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system during all or any part of the term for which the restricted license is issued, in accordance with the provisions set forth in § 18.2-270.1. However, prior to acting on the petition, the court shall order that an evaluation of the person, to include an assessment of his degree of alcohol abuse and the appropriate treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action Program and recommendations therefrom be submitted to the court, and the court shall give the recommendations such weight as the court deems appropriate. The Virginia Alcohol Safety Action Program shall during the term of the restricted license monitor the person's compliance with the terms of the restrictions imposed by the court. Any violation of the restrictions shall be reported to the court, and the court may then modify the restrictions or revoke the license."

   As you can see, Petitioning Can Be Complicated.  If Driving is Important to You, then Having an Experienced Attorney Definitely Gives You the Best Chance of Getting Back on the Road.​

Other Statutes Regarding License Status and Suspensions


Article 12. Suspension and Revocation of Licenses, Generally; Additional Penalties  Read all 

§ 46.2-389 Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions

§ 46.2-390 Required suspension for conviction of theft or unauthorized use of a motor vehicle

§ 46.2-390.1 Required revocation for conviction of drug offenses or deferral of proceedings

§ 46.2-391 Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege

§ 46.2-391.01 Administrative enforcement of ignition interlock requirements

§ 46.2-391.1 Suspension of registration certificates and plates upon suspension or revocation of driver's license

§ 46.2-391.2 Administrative suspension of license or privilege to operate a motor vehicle

§ 46.2-391.3 Content of notice of suspension

§ 46.2-391.4 When suspension to be rescinded

§ 46.2-391.5 Preparation and distribution of forms

§ 46.2-392 Suspension of license or issuance of a restricted license on conviction of reckless or aggressive driving; probationary conditions required; generally

§ 46.2-393 Suspension of license on conviction of certain reckless offenses; restricted licenses

§ 46.2-394 Revocation of license for fourth conviction of certain offenses

§ 46.2-395 Suspension of license for failure or refusal to pay fines or costs

§ 46.2-396 Suspension of license for reckless driving resulting in death of any person

§ 46.2-396.1 Conviction of serious driving offense

§ 46.2-397 Suspension of license for certain violations while transporting explosives, inflammable gas or liquid

§ 46.2-398 Disposition of surrendered licenses on revocation or suspension

§ 46.2-398.1 Issuance of restricted driver's privilege to out-of-state licensees

§ 46.2-399 Revocation of license for improper use or failure to pay certain taxes

§ 46.2-400 Suspension of license of person not competent to drive; restoration of license; duty of clerk of the court

§ 46.2-401 Reports to Commissioner of discharge of individuals from state facilities

§ 46.2-402 When Commissioner may suspend or revoke license for not more than one year after hearing

§ 46.2-403 Contents of notice of hearing

§ 46.2-404 Where and before whom hearing held

§ 46.2-405 How hearings to be conducted

§ 46.2-406 Appointment and authority of hearing officers

§ 46.2-407 Form and contents of decision; copies

§ 46.2-408 When Commissioner may suspend or revoke license for no more than five years

§ 46.2-409 Certain abstracts of conviction to be prima facie evidence of conviction

§ 46.2-410 Appeals from order suspending or revoking license or registration

§ 46.2-410.1 Judicial review of revocation or suspension by Commissioner

§ 46.2-410.2 License suspension or revocation by Commissioner; offenses under the laws of other jurisdictions

§ 46.2-411 Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee

§ 46.2-411.1 Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated

§ 46.2-412 Time suspension or revocation

§ 46.2-413 Effect of reversal of conviction

§ 46.2-414 Commencement of periods for suspension or revocation of licenses, registration cards, or license plates

§ 46.2-415 United States magistrates and judges of district courts authorized to revoke or suspend driver's license under certain conditions

§ 46.2-416 Notice of suspension or revocation of license

§ 46.2-416.1 Suspension for failure to comply with traffic citation issued under federal law


Article 13. Suspension of Licenses for Unsatisfied Judgments and After Certain Accidents  Read all 

§ 46.2-417 Suspension for failure to satisfy motor vehicle accident judgment; exceptions; insurance in liquidated company; insurer obligated to pay judgment

§ 46.2-418 Nonpayment of judgments of Virginia and other states

§ 46.2-419 When judgment satisfied

§ 46.2-420 Order for payment of judgment in installments

§ 46.2-421 Effect of order for such payment and proof of financial responsibility

§ 46.2-422 Suspension on failure to pay installments

§ 46.2-423 Creditor's consent to license notwithstanding default in payment

§ 46.2-424 Duty of insurance carrier after notice of accident; report of omissions by insurers to State Corporation Commission; investigation and assessment for omissions

§ 46.2-425 Driver or owner having no license issued by Department

§ 46.2-426 Custody and application of cash or securities deposited; limitation of actions; assignment

§ 46.2-427 When suspensions to remain effective; relief from furnishing proof of financial responsibility; prohibition against registration in name of another person

§ 46.2-428 Commonwealth responsible for deposits

§ 46.2-429 Release of deposits only upon consent of Commissioner


Article 14. Suspension of Licenses of Nonresidents or for Accidents in Other States  Read all ​

§ 46.2-430 Power over nonresidents

§ 46.2-431 Chapter applies to nonresidents

§ 46.2-432 Failure of nonresident to report accident

§ 46.2-433 Notification of officers in nonresident's home state

§ 46.2-434 Conviction of or judgment against resident in another jurisdiction
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