After a DUI conviction in Virginia, many drivers worry about how they’ll get to work, school, or family obligations.
The good news? In many cases, the court or DMV can grant a restricted driver’s license — but the rules depend on your BAC, offense level, and driving history.
Here’s a breakdown of what privileges are available after different DUI levels and how to apply.
A practical guide from Cardon Law. This is general information, not legal advice. For help restoring your license or applying for restricted privileges, contact an experienced Virginia DUI lawyer.
1) The Law Behind Restricted Licenses
Restricted licenses after DUI are governed primarily by:
- Virginia Code § 18.2-271.1(E) — Court authority to grant restricted driving privileges.
- Virginia Code § 18.2-270.1 — Ignition interlock requirements.
- Virginia Code § 46.2-301 — Driving while suspended or revoked.
Since 2020, Virginia law gives first-offense DUI drivers with BAC under 0.15 two different options for restricted driving — a major change from prior law.
2) Understanding Your Options
The type of restricted license you can get depends on the DUI level and your BAC.
Here’s an easy-to-read comparison:
🔹 Restricted License Options After DUIs in Virginia:
| Offense Type | Eligibility for Restricted License | Driving Privileges | Ignition Interlock Requirement | Waiting Period Before Eligible | Notes / Statute References |
|---|---|---|---|---|---|
| 1st DUI — BAC < 0.15 (Option A) | ✅ Eligible immediately after conviction | Any lawful purpose (no limits on destinations) | 12 months on every vehicle operated | None (granted at conviction) | § 18.2-270.1(C) |
| 1st DUI — BAC < 0.15 (Option B) | ✅ Eligible immediately after conviction | Limited purposes only (work, school, medical, court, child visitation, church, etc.) | 6 months minimum | None (granted at conviction) | § 18.2-271.1(E) |
| 1st DUI — BAC ≥ 0.15 to < 0.20 | ✅ Eligible after 5-day jail term | Limited purposes only | Minimum 6 months | After mandatory jail served | § 18.2-270(A)(2) |
| 1st DUI — BAC ≥ 0.20 | ✅ Eligible after 10-day jail term | Limited purposes only | Minimum 6 months (often extended) | After mandatory jail served | § 18.2-270(A)(3) |
| 2nd DUI (within 10 years) | ⚠️ Limited eligibility | Limited purposes only | Ignition interlock required | 4 months–1 year, depending on timing | § 18.2-271(A) |
| 2nd DUI (within 5 years) | ⚠️ Stricter eligibility | Limited purposes only | Ignition interlock required | 1 year minimum | § 18.2-271(A) |
| 3rd DUI (within 10 years) | ❌ Not eligible at sentencing | No privileges; must later petition court | Ignition interlock required upon restoration | After 3 years, by Circuit Court petition | § 18.2-271(C) |
| Habitual Offender (pre-1999 law) | ✅ May petition Circuit Court | Restricted privileges possible | Determined by court | After showing rehabilitation | § 46.2-357 (repealed) |
3) Option A vs. Option B for First DUI (< 0.15 BAC):
Option A — Any-Purpose Restricted License
- Lets you drive anywhere for any lawful reason.
- Interlock stays installed for the full 12-month suspension.
- More flexibility, but higher cost (monthly fee for interlock device installed the entire 12 months).
- Ideal for those who rely heavily on daily driving.
Option B — Traditional Restricted License
- Driving limited to court-approved purposes: work, school, medical, child visitation, VASAP, etc.
- Interlock required only for the first 6 months.
- Cheaper (only have to pay for 6 months of the interlock device rental) but more limited.
- Good option for people with limited transportation needs.
Both options require you to enroll in the Virginia Alcohol Safety Action Program (VASAP) and comply with all DMV and court conditions.
4) How to Apply
Court-Issued Restricted License
For DUI-related suspensions, apply directly in the court where you were convicted:
- File a motion for restricted privileges through your attorney.
- Attend a hearing; the judge determines eligibility and conditions.
- If granted, take the signed Form DC-263 (Restricted Driver’s License Order) to the DMV.
- Pay reinstatement and interlock fees; DMV issues a restricted card.
DMV-Issued Restricted License
For non-DUI suspensions (like points, fines, or administrative revocations):
- Visit a Virginia DMV customer service center.
- File any required SR-22 or FR-44 insurance certificates.
- Pay reinstatement fees and obtain your restricted license card.
5) Practical Tips
✅ Always carry your restricted license and VASAP paperwork.
✅ Don’t drive outside your approved purposes unless you have the “any-purpose” license.
✅ Keep your FR-44 insurance active for the full suspension period.
✅ Calibrate and maintain your ignition interlock on schedule.
✅ Violating any condition can lead to a new Driving While Suspended charge under § 46.2-301.
FAQ
Can I choose between the two restricted options for a first DUI?
Yes — if your BAC was under 0.15. You can pick either the 12-month any-purpose license (Option A) or the 6-month interlock limited-purpose license (Option B).
If my BAC was 0.15 or higher, can I get unrestricted driving?
No. For BAC ≥ 0.15, only the limited-purpose option is available, and you must first serve the mandatory jail sentence.
Can I remove the interlock after six months under Option B?
Yes, if you’ve had no violations and your court order allows it. But your restricted license still lasts the full 12 months.
Can I get a restricted license after a second or third DUI?
Yes — but not immediately. There’s a mandatory waiting period before the court can consider granting it, and all use must be monitored by interlock.
What if I was declared a habitual offender before the law changed?
You can petition your Circuit Court for restoration or restricted privileges. Courts often grant relief if you’ve shown rehabilitation and clean conduct.
Need Help Getting a Restricted License in Virginia?
Cardon Law represents drivers across Virginia Beach, Norfolk, and Hampton Roads in DUI, suspended license, and reinstatement matters.
We’ll guide you through DUI defense, court petitions, ignition interlock compliance, and reinstatement to help you get back on the road.
📞 Free Consultation: (757) 306-9060
📱 24/7 Direct to David A. Cardon: (757) 620-3283
