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Understanding Virginia Code § 46.2-391: License Suspension and the Restricted License Exception

Virginia’s DUI laws impose strict penalties, including mandatory license revocations under Virginia Code § 46.2-391. Individuals convicted of multiple DUI offenses typically face an extended or indefinite suspension of their driving privileges. However, there is an important exception—those who successfully complete a specialized court docket may qualify for a restricted driver's license.

What is Virginia Code § 46.2-391?

Virginia Code § 46.2-391 governs the revocation of driver’s licenses for individuals convicted of:

  • DWI 2nd offense within 10 years
  • DWI 3rd offense (Felony DUI) or subsequent offenses
  • Manslaughter or maiming resulting from a DUI accident

These convictions often lead to years of license revocation with little to no opportunity for early reinstatement.

The Restricted License Exception

Under § 46.2-391, individuals convicted of these offenses may petition for a restricted license if they complete a specialized court docket. This allows them to drive for limited purposes, such as:

  • Employment
  • Medical appointments
  • Court-ordered treatment programs
  • Essential daily activities approved by the court

Who Qualifies for a Restricted License?

To be eligible under this exception, an individual must:

  • Be convicted under § 46.2-391
  • Complete a specialized court docket (such as Drug Court or DUI Court)
  • Demonstrate full compliance with the court's conditions

Specialized Court Dockets in Virginia

Virginia offers various court programs aimed at rehabilitation:

1. Drug Treatment Court

For individuals whose offenses are linked to substance abuse.

2. DUI Court Programs

Focused on repeat DUI offenders, offering intensive supervision and treatment.

3. Veterans Treatment Court

Designed for military veterans with substance-related offenses.

How to Petition for a Restricted License Under § 46.2-391

Individuals who complete a specialized court docket may request a restricted license through the following process:

  1. Obtain Certification: Verify program completion with the court.
  2. File a Petition: Submit a request for a restricted license in Circuit Court.
  3. Attend a Hearing: The judge evaluates compliance and determines eligibility.
  4. Meet DMV & Ignition Interlock Requirements: If approved, installation of an ignition interlock device may be required.

Key Takeaways

  • Virginia Code § 46.2-391 enforces strict license revocations for multiple DUI offenses.
  • Completion of a specialized court docket may allow for a restricted license.
  • A court petition and compliance with DMV requirements are necessary to obtain limited driving privileges.
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