VirginiaDrunkDrivingLawyer.com: The Law Office of T. Kevin Wilson P.C.

What can I do to save my license?

1. Hire An Experienced Lawyer.
First and foremost, hire an experienced attorney to assist you with your DUI / DWI charge immediately. Effectively defending DUI / DWI cases requires significant time to research and prepare for trial and by hiring a lawyer as quickly as possible you provide your lawyer with valuable time needed to mount your defense.

2. Challenge the 7 day administrative license suspension.
Your driver's license will be automatically suspended for 7 days if your breath test result was more than .08, or more than .02 if you are under 21 years of age, or if you refused to submit to the breath test. You may challenge this 7 day suspension during the period of the suspension by alleging that the officer did not have probable cause to arrest you for drunk driving (DUI / DWI). If your challenge is successful the administrative suspension of your license to drive will be rescinded and your license will be reinstated immediately.Furthermore, even if you are not successful with your challenge, simply making the challenge may prove to be quite valuable because it may result in the officer testifying about what happened in your case well before the actual trial.

3. Do not drive during the 7 day administrative license suspension.
If you do not successfully challenge the 7 day administrative license suspension you can not drive during that 7 day suspension period. Your license will be returned to you at the expiration of the suspension period. Driving on a Suspended License is a serious criminal offense and if you are convicted of doing so your license to drive will be suspended again and you will likely be jailed.

4. If convicted of DUI / DWI, request a Restricted Operator’s License.
If you are convicted of DUI / DWI in Virginia your license to drive in Virginia will be suspended/revoked. However, in many cases the Court can grant you a Restricted Operator’s License to allow you to drive for school, work and other limited purposes. If granted, the Restricted Operator’s License will set forth the places to which you may drive, as well as the hours during the day and the days of the week you are permitted to be driving.

5. Do not drive outside the parameters of the Restricted Operator’s License.
A Restricted Operator’s License will state the purposes, destinations, hours and days you are permitted to drive. Driving at any time, on any day, to any location or for any purpose not authorized by the Restricted Operator’s License is a crime. If convicted of driving outside the parameters of the Restricted Operator’s License your Restricted Operator’s License will likely be revoked and you will likely be jailed.

6. If an ignition interlock device is installed in your car, do not drink any alcohol and try to drive.
In some situations the law requires, and in some situations the Court can require, that an ignition interlock device be installed in your car. The device requires the driver to blow into it before the car will start, and requires the driver to periodically blow into it while the car is running. The device checks the breath sample for alcohol. If the device detects alcohol on your breath your Restricted Operator’s License will likely be revoked and you will likely be jailed.

7. Complete substance abuse counseling through VASAP or a similar program.
If you are convicted of DUI / DWI you will have to successfully complete a substance abuse counseling program through Virginia Alcohol Safety Action Program (VASAP) or some other program deemed sufficiently intensive. The rules of VASAP may include, among other things, office meetings, random urine screens and abstinence from alcohol. Failure to comply with the conditions placed upon you by VASAP will result in any Restricted Operator’s License being revoked and may cause you to be jailed.

8. Pay the fine and court costs when due.
Failure to pay any fine and court costs imposed within the time frame allotted will result in another independent suspension of your privilege to drive. Therefore, even if you were issued a Restricted Operator’s License by the Court, if you fail to pay a fine and/or court costs your Restricted Operator’s License will be suspended. If you are caught driving with a suspended license your license to drive will be suspended for an additional period of time and you will likely be jailed.

Want to appeal your license loss, contact T. Kevin Wilson.