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I have a 1st offense DUI, doing VASAP, interlock.I may have to sell my car so what happens if I do not have a auto to drive?

Richmond, VA |

Also wondering if I don't have an auto do I have my restricted license revoked? Also, I may be moving out of state for a job and once employed and can afford a car does that mean I have to still have the interlock for 6 months?

Attorney Answers 4

  1. A first offense DUI has a mandatory 12 month suspension of your license. The judge has the authority to grant you a restricted license. If you get a restricted license, the judge is required by law to order an ignition interlock for 6 months as a condition of the restricted license. If you do not ask for or are not granted a restricted license, you may have your license reinstated after the 12 month suspension. In order to get your license reinstated, you must install the ignition interlock for at least 6 months. Bottom line....there is no way around the ignition interlock.

    I would not advise selling your car until you have complied with the 6 month IID requirement. The DMV doesn't care if you don't have a car; they are going to require you have the device installed on some vehicle for 6 months before your license will be reinstated.

    If you move out of state, you will want to coordinate that with VASAP so that your IID and any other probation restrictions/conditions can be monitored.

    Good luck.

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  2. You may decide to ask the judge to not give you a restricted license and walk for the year.

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  3. You can not operate a motor vehicle unless it has an interlock installed. If you move to another state it's not likely your current occupational license will work in that state.


    Erick Platten

  4. If you only have interlock because of the law change (requiring it for every DUI conviction) then you can walk for 12 months and then get your license back without doing interlock. If you want to drive restricted during your suspended year, you will have to do the interlock for the six months. However, if you got interlock because of a high blood alcohol level, then you will have to do 6 months of interlock in order to EVER get your license back in Virginia.

    Good luck.

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