An administrative license suspension in Virginia differs from a license suspension that happens after a defendant is convicted of DUI. In fact, the former occurs immediately after a driver is charged with drunk driving.
Administrative suspensions only apply to drivers who refuse to submit to a breath or blood test, or those with a BAC of .08 or more (.02 or more if they are under 21 years of age). Keep in mind, there is no administrative suspension for a DUI arrest based only on drug use or erratic driving. The arresting officer will physically confiscate your driver’s license, provide a notice of suspension to the driver, and hand over your license to the magistrate, as well as a report outlining the reasons for your arrest.
If you are from out of state, law enforcement can suspend an out-of-state license holder’s right to drive in Virginia. However, they are prohibited from confiscating an out-of-state license and cannot revoke an out-of-state driver’s right to drive in other states.
For a first time offense, the administrative license suspension in Virginia only lasts seven days. A second offense results in a suspension lasting 60 days or until the day of trial, whichever happens first. Lastly, a third or subsequent offense results in a suspension lasting until the day of trial.
Drivers who are subject to administrative license suspension are eligible to petition the court for a review to rescind the suspension. If a person is able to prove—by a preponderance of evidence—that the arresting officer failed to establish probable cause to arrest him/her or the magistrate did not have probable cause to issue the warrant, the court will rescind the license suspension. For those who committed the second offense, the court will rescind the period of suspension that exceeds seven days. For those who committed a third offense, the court will rescind the period of suspension which surpasses 60 days.
If you are interested in appealing the administrative license suspension in Virginia, our Virginia Beach DUI attorney at The Law Offices of Daniel J. Miller is prepared to protect your rights and driving privileges. We understand that not having your driver’s license can make it more difficult to commute to work, attend school, or conduct day-to-day activities. Do not hesitate to get your license back immediately.
For more information, contact us and schedule a free initial consultation today.