Fairfax Criminal Lawyers | Virginia Defense Attorneys



By Nichols & Green PLLC

April 07, 2016

How do I get my license back?

If you have had your driver’s license suspended in Virginia, getting your right to drive restored can be a major headache. This article will explain to you some of the things you can do to get your driving privileges restored.

Why Were You Suspended or Revoked?

It is important to know why you are suspended before you can fix the problem. To see each of your DMV suspensions go to the Virginia DMV website and order an online copy of your DMV record. Your DMV record will have a record of every ticket, driving offense, and license suspension.

It will look something like this:

DMV record

This revocation was issued on 6/24/2009 until 02/06/2012. However, the person did not do everything they needed to get their license back until 08/03/2013. They were suspended because of 46.2-390.1(mandatory 6-month suspension for drug convictions). [the six-month suspension begins when a driver si eligible to drive again. so in this case the driver had other suspensions that had to expire before the six-month period would start, so that is why they couldn’t get their license back until 2012]. The driver was notified about the suspension at court with form DC210 on 06/03/2009 and was notified again by a police officer on 06/11/2011.

By looking at your DMV record you can see each of your current and past license suspensions and revocations. Your DMV record will state:

  • when your license was suspended/revoked,
  • when your license suspension/revocation expired (if applicable),
  • why your license was suspended or revoked,
  • whether you had a restricted license granted and
  • How you were notified of the suspension or revocation

Suspension vs. Revocation

A license suspension is a temporary ban on your ability to drive. As soon as you comply with the terms of your suspension then you get your license back. A revocation is when you completely lose the right to drive, and you must retake the exam after complying with the terms of your revocation. The ways you can have your license suspended include:

  • Failing to pay court fines or court costs.
  • Not having valid insurance or paying the $500 insurance waiver.
  • Failing to complete a mandatory driver improvement clinic
  • Failing to pay child support
  • Failure to pay jail fees
  • A court-ordered suspension because of a reckless driving conviction
  • Being guilty of providing alcohol to a minor or intoxicated person
  • Getting too many DMV demerit points too quickly.
  • Being declared mentally or physically unfit to drive.
  • Not paying a civil judgment related to a motor vehicle crash.

Your license can be revoked if:

  • Convicted of DUI/DWI or Refusal
  • Convicted of 18.2-272 Driving While revoked (because of DUI)
  • Voluntary or involuntary manslaughter while driving a motor vehicle
  • Driver’s test fraud
  • A drug conviction
  • Making a bomb threat
  • Felony convictions involving a motor vehicle
  • Hit and Run
  • Getting three point-tickets while under 18 years old.

Get a Copy of Your DMV Compliance Summary.

If you have had your right to drive in Virginia, suspended or revoked, the DMV will produce a document called a Compliance Summary. The Compliance Summary lists everything you must do to be able to drive again.

The Compliance Summary will list, how long you have to wait, what fees you have to pay, what courses or tests you must complete, and anything else you need to do.

You can get a free copy of your Compliance Summary from any Va. DMV location or online at https://www.dmv.virginia.gov/dmvnet/pin_maint/pin_logon.aspx?SESS=NEW

Can I get a Restricted License?

Restricted licenses allow a suspended or revoked driver to drive for very limited purposes. A driver can drive to and from work, for work, to school, to medical appointments, and some other limited activities.

Some types of suspensions allow a restricted license and other types of suspensions do not. You can get a restricted license if you are suspended for:

  • DUI,
  • reckless driving,
  • drug charge,
  • driving on a suspended license under 46.2-300 or 46.2-301,
  • excessive demerit point (first time only)

You CAN NOT get a restricted license if you are suspended for:

  • Refusal
  • Driving on a Revoked License under 18.2-272
  • Failure to pay fine or court costs,
  • Failure to pay civil judgment related to a car crash.

For help getting your restricted license contact a traffic attorney in the county where you were charged if your suspension is related to a criminal or traffic offense. If you were suspended because of an out-of-state conviction or if you were suspended by the DMV contact an attorney in the county where you live. If you need a traffic attorney in Northern Va. contact Nichols & Green PLLC for a free consultation.

Click here to learn how to apply for a restricted license

Check out this video explaining HOW TO APPLY FOR A RESTRICTED LICENSE

Can I Get a Payment Plan to Get my License Back?

If you lost your license because of failure to pay money. Either court costs, fines, child support, or a civil judgment then you may be able to arrange a payment plan in order to drive while you make payments. For failure to pay fines or court costs, contact the court clerk from the court that you owe money to for more information. Most jurisdictions offer some sort of payment plan if the driver owes a large sum of money.