If you are convicted of a Fairfax DUI the judge will suspend your license for at least 12 months. Even if you live in another state the judge will suspend your “privilege to drive in Virginia” (it will be up to your home state to determine how to handle the Virginia suspension). Convictions for reckless driving may also result in a loss of your driver’s license. Any drug conviction will have the same impact. However, an experienced DUI, drug, and reckless driving attorney will often make sure that a client who loses their license is able to receive a restricted license.
A restricted license allows a person whose license is suspended for either a DUI, Reckless Driving, or Drug Conviction to still drive for certain limited purposes. Drivers using a restricted license are able to drive to:
1) Work
2) School
3) ASAP and ASAP required activities
4) School
5) Medical appointments (for yourself, elderly parent, household members, and children)
6) Your children’s school
7) Your children’s daycare
8) Probation
9) Church
Applying for a restricted license in Fairfax
In Fairfax, the process for obtaining a restricted license is simple. It is particularly easy if you apply for one at the same time you are in court for your underlying case. The first step is to work with your attorney to complete the two page application. You will need to know your address as well as the addresses for all the locations where you want to travel. You will also need to identify the specific times when you wish to be allowed to drive. This timing is very important. Judges are reluctant to approve restricted license applications that are too broad. Similarly, an application that only requests driving extremely limited hours may limit its usefulness.
After working with your lawyer to complete the application, it is then presented to a judge. If it is being filed after your court date you will need to obtain a copy of your current driving record and compliance summary from the DMV. (Fairfax City Town Hall has a DMV convenient to the courthouse where these documents can easily be obtained.) After the judge reviews the application they will sign it and send a copy to the clerk’s office. In Fairfax County General District Court, the restricted license can be obtained later that day. This is not the case if Fairfax Circuit Court and in many other jurisdictions where there is a delay.
In Fairfax, the clerk will issue a restricted license the same day it is approved by a judge. There is no fee for the restricted license. However, you must pay all associated fines and court costs before the clerk will issue a restricted license.
The restricted license comes in the form of a “green sheet.” It is a green piece of paper that lists all your restrictions. The times and places where you are permitted to drive are listed. That list will be the entire list of places and times you are allowed to drive. For that reason it is very important that you check the form for accuracy before you leave the window. The green sheet will also provide information about subsequent steps you must take.
Subsequent steps
If you were ordered into ASAP you must have someone from ASAP sign your green sheet within 15 days. You will also need to go to the DMV and get a new plastic license. This plastic license can only be obtained between 30 and 60 days after you receive your green sheet. After 60 days your green sheet is invalid and you will need to reapply for a restricted license.
Restricted License Law
You must carry your green sheet with you at all times. You are also required to get the ASAP and DMV aspects addressed in a timely manner. It is very important that you only drive to the places and during the times for which you are authorized. You will note that social driving is not allowed for any reason. You aren’t even allowed to go to the grocery store, the gym or even a fast-food drive thru. Even if these places are on your way to work you are forbidden to stop. Finally you are not allowed to have any alcohol on your breath whatsoever. The legal limit for persons driving with a restricted license is a BAC of .02. This is much lower than the .08 limit that usually applies. A .02 BAC for most people is less than 1 beer, so you must be careful to avoid drinking any alcohol.
Persons caught driving in violation of a court-ordered suspension may be charged under 18.2-272. If you have such a charge it is important that you hire an experienced Fairfax Driving on Suspended lawyer. That law applies only to restricted license suspension, and the punishments are much more severe than for any other type of driving on suspended charge in Fairfax. While the court may not issue to severe a punishment, the DMV will. For a violation of 18.2-272 (Driving after forfeiture of license) the DMV will suspend your license for at least 12 months. This 12 month period is in addition to the previous suspension. During that 12 month period you will lose your old restricted license and not be able to get a new one. You will be banned from driving anywhere, for any reason for the next year.
If you have had your license suspended in Fairfax for DUI, Reckless Driving, or any drug charge we may be able to help you get a restricted license. If you have been charged with any driving on suspended charge, but particularly a charge of 18.2-272 driving after forfeiture of license charge it is important you talk to an experienced Fairfax Criminal Lawyer like Faraji Rosenthall. Your lawyer may be the difference between losing your license for a long time.
