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McGlone Law Firm, P.C.

If I have a suspended license because of a DUI conviction, am I allowed to drive to work or church?

For a routine DUI (DWI) in Fairfax County, with a breath test of .14 or less, the court will usually grant a restricted license.

Virginia's Application for a Restricted Driver's License lists the various types of driving that a person might be allowed to do on a restricted license. 

In 2010, Virginia law was amended to allow driving to a "place of worship" one day per week with a restricted license.  

For DUI/DWI with a breath test over .15, and sometimes when there is a refusal, and sometimes in accident cases, the court may deny a restricted license or they may grant one but require that all driving be done on a car with an Ignition interlock device installed.

The complete list of the types of driving on a Virginia Restricted License after DUI Conviction are  spelled out here:   

The court may 
provide that such person be issued a restricted permit to operate a motor vehicle for any of the following purposes:

(i) travel to and from his place of employment;

(ii) travel to and from an alcohol rehabilitation or safety action program;

(iii) travel during the hours of such person's employment if the operation of a motor vehicle is a necessary incident of such employment;

(iv) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education;

(v) travel for health care services, including medically necessary transportation of an elderly parent or, as designated by the court, any person residing in the person's household with a serious medical problem upon written verification of need by a licensed health professional;

(vi) travel necessary to transport a minor child under the care of such person to and from school, day care, and facilities housing medical service providers;

(vii) travel to and from court-ordered visitation with a child of such person; (viii) travel to a screening, evaluation and education program entered pursuant to §
 18.2-251 or subsection H of § 18.2-258.1;

(ix) travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation;

(x) travel to and from a place of religious worship one day per week at a specified time and place; or

(xi) travel to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in a court-ordered intensive case monitoring program for child support for which the participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person.

Paul Liam McGlone
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DWI and Criminal Defense Attorney and Founder of McGlone Law Firm