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Will I Lose My License for a DUI in Virginia?

 Posted on April 07, 2025 in Criminal Defense

Leesburg, VA DUI defense attorneyIf you have been arrested for driving under the influence (DUI) in Virginia, you may suffer significant consequences for your driving privileges. your license could be suspended or even permanently revoked depending on the circumstances. An experienced Virginia DUI defense attorney, like those at Whitlock Law, can help protect your best interests and explore all possible strategies to help minimize the impact on your license and driving privileges.  

License Penalties

Virginia penalizes intoxicated drivers harshly, and both a DUI arrest and conviction will result in separate license suspension.  

Virginia Code sections 18.2-271 and 46.2-391.2 sets forth the driver’s license suspension requirements under the law for each type of offense. To summarize: 

  • First Offense: Arrest: 7 days / Conviction: 12 months

  • Second offense: Arrest: 60 days / Conviction: 3 years

  • Third or Subsequent offense: Arrest: Until Trial / Conviction: Indefinite suspension

At the conclusion of your suspension, the Virginia Department of Motor Vehicle additionally requires the payment of a reinstatement fee of several hundred dollars.

At Whitlock Law, our criminal defense team can review your options and give you a realistic idea of how your arrest may impact your ability to drive.

Restricted Driver’s License

Virginia drivers are still able to petition the Court for a restricted license during a period of license suspension, though there can be a waiting period of up to several months if you have prior DUI convictions.

Typical reasons that Virginia Courts would permit driving on a restricted license are for purposes of traveling to and from probation and probationary requirements, medical appointments, work, religious services, and for purposes of transporting a minor child.   

Be advised that if you are charged with traveling outside of the parameters of your restricted driver’s license, you can be charged with a separate crime in Virginia that is punishable with jail, additional fines, and additional driver’s license suspensions.  

Ignition Interlock Devices

If you wish to apply for a restricted license after a DUI conviction, you must install an ignition interlock device to your vehicle and will only be permitted to operate a vehicle that has this device. This device is costly to install and prevents your vehicle from starting unless you can blow a clean breath sample into the device. If you petition for an ignition interlock device, you will be required to pay any fees related to installation and upkeep.

While driving, the ignition interlock device will also prompt you to provide clean breath samples to ensure that you are still sober. You should be aware that any failure to provide a clean breath sample will be reported to the court.

Contact a Northern Virginia DUI Defense Lawyer Today

A DUI conviction can have dire consequences for your driving privileges. At Whitlock Law, our Loudoun County, VA criminal defense attorney serves clients in Loudoun County and in other locations across Northern Virginia, including Arlington, Alexandria, Fairfax, Manassas, and Woodbridge. We are ready to fight for your rights. Contact us at 301-565-1655 to schedule an initial consultation today.

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