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If you are convicted of a DUI in Virginia, yes, your license will be suspended. Facing a DUI charge in Virginia can be an overwhelming experience, fraught with anxiety and uncertainty, especially concerning your driving privileges.  

As an experienced DUI attorney, I am here to help clients understand how DUI laws may impact their driving privileges and what to expect during DUI proceedings. In this blog, I will review some circumstances under which a DUI arrest or conviction may result in a license suspension or revocation.  

Understanding DUI Penalties in Virginia 

Virginia takes DUI offenses seriously, and the consequences can significantly impact your daily life. If convicted of a DUI, the penalties can range from fines and jail time to mandatory alcohol education programs. However, one of the most pressing concerns for many is the status of their driving privileges. 

License Suspension or Revocation 

Both the courts and the DMV handle license revocations and suspensions in Virginia. If you are arrested or convicted of a DUI, your driver's license will indeed be at risk.  

The DMV will likely suspend or revoke your driving privileges under several circumstances, including: 

  • Operating a vehicle under the influence of alcohol or drugs (DUI) 
  • Injuring another person due to DUI 
  • Driving while your license is suspended or revoked for a prior DUI 
  • Failing to install an ignition interlock device when required by court or DMV regulations 

In addition to these punitive suspensions, the DMV also issues administrative license suspensions. Keep reading to learn more.  

Administrative License Suspension 

The Virginia DMV will issue an Administrative License Suspension (ALS) for drivers who fail a chemical test with a Blood Alcohol Concentration (BAC) of .08 percent or higher or refuse to submit to the test. The duration of an ALS will depend upon whether the driver is facing a first, second, or third offense. 

Suspension periods are as follows: 

  • First Offense: Automatic suspension for seven days. 
  • Second Offense: Suspension for 60 days or until your trial date, whichever occurs first. 
  • Third Offense: Suspension until the trial date. 

It's crucial to note that these administrative actions are separate from the court's eventual rulings. If convicted, the court and the DMV may apply additional suspension or revocation terms on top of the ALS penalties. For those with multiple DUI convictions, these suspension or revocation periods will occur consecutively, extending the time without driving privileges. 

Why Work With an Attorney 

Navigating the aftermath of a DUI charge, especially when it comes to dealing with a driver's license suspension, is not a straightforward path. Each case comes with unique nuances and potential for alternate outcomes.  

An experienced DUI attorney, like me, can: 

  • Help demystify the processes involved. 
  • Uncover potential defense options, including those with the potential to help mitigate the penalties associated with a conviction. 
  • Assist in managing paperwork and deadlines. 
  • Advocate for you in court. 

If you're facing DUI charges in Virginia, it's normal to feel concerned about your driving privileges. I understand the stakes and am dedicated to providing robust legal guidance to those I represent. For personalized advice and defense strategies, reach out to Andrew J. Cornick, Attorney at Law today.