If you were declared an Habitual Offender, the restoration of your license is dependant
on how, when, where and by who you were declared to be an Habitual Offender.
D.U.I.
If any one of the three offenses which were used to declare you to be an Habitual Offender was
for D.U.I. you may receive a restricted license THREE YEARS after the date of that order, and
full restoration FIVE YEARS thereafter.
The petition for either a restricted or full license is filed (a) in the Circuit Court where you were
declared (b) in the Circuit Court where you reside. If the order of Habitual Offender was by D.M.V., these
petitions may be filed in the Richmond Circuit Court or where you live. The filing fee is $98.00.
After the filing of the petition, the Court must order that you undergo an evaluation by
the Virginia Alcohol Safety Action (V.S.A.P.). There is a fee for that evaluation of $175.00. The
evaluation will look into your past record and events since you were declared an Habitual Offender. It
requires you to submit names of individuals who have knowledge of your alcohol use, etc. When
completed, a hearing is conducted at which time the Court may consider the recommendations
contained with the evaluation. This sometimes means ordering you to take an alcohol relapse
prevention program for which you will be charged a fee (approximately $300.00+). If you reside in
another state, the V.S.A.P. program will coordinate an evaluation in your state (the fee is $150.00).
Please Note: Even if five years have passed since you were declared an habitual offender,
you are not entitled to restoration. The judge has the discretion to deny restoration, grant
restoration or only grant a restricted license. Many judges place the petitioner on a probationary period
requiring the person to comply with the recommendations of V.S.A.P. If all requirements are complied with,
then after the period is completed a full license is granted. (The worse the driving record the
greater the likelyhood this will occur.) If a restricted license is granted, you may only drive as per
those restrictions. Usually this is to and from work and during working hours. The court can
also grant driving to and from school, medical health care providers and day schools.
SUSPENDED LICENSE
If you were declared to be an habitual offender and all three convictions were for driving
after your license was suspended and the suspensions were all for failure to pay fines and costs,
for failure to furnish proof of financial responsibility (insurance) or for a judgement, then
you can be restored immediately. Otherwise, you may not be restored for a period of three years
from the date of the court or D.M.V. habitual offender order. In either case, all fines and costs
and judgements must be paid prior to the filing of the petition to appropriate court or
collection agency/attorney for the court.
As with D.U.I., a petition must be filed in the Circuit Court where you reside or where you were
declared to be an habitual offender. It may be in the City of Richmond if you were declared
by D.M.V. The filing fee is $98.00.
