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REINSTATEMENT OF A DRIVING PRIVILEGE
There are a multitude of reasons why the DMV may have suspended a person’s privilege to drive. Depending upon the reason for a suspension or revocation will determine the process by which a person may be able to get behind the wheel and drive again. In many instances, being able to drive again may be as simple as paying a reinstatement fee to the DMV due to a prior suspension. In other instances, such as for those individuals with a DUI conviction, getting a license reinstated will require the additional completion of Virginia's Alcohol Safety Action Program (ASAP).
More complex procedures exist to reinstate a license which has been revoked for multiple DUI convictions or for certain other serious DUI related offenses. Virginia Code §46.2-391 provides the steps necessary for license reinstatement under these circumstances. The procedures require:
- a minimum revocation period of five (5) years
- the individual petition a Circuit court with proper jurisdiction to request license reinstatement
- the individual receive an evaluation from Virginia ASAP which results will be sent to the Circuit court with a recommendation
- the individual presents evidence that he/she is no longer dependent on alcohol or drugs and is no longer a threat to himself/herself or other drivers
Whether the individual will get the license restoration is within the Court's discretion and the Court may allow instead, a restricted operator's license. As part of the restricted license, the Court may place conditions and require the individual be monitored by ASAP for compliance.
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