Courts in Virginia may grant hardship licenses which are referred to as restricted licenses in Virginia. The issuance of a restricted license is discretionary and subject to limitations imposed by the judge who authorizes it. Generally these hardship licenses are restricted for medical, school, work, child visitation or attendance at an alcohol or substance abuse program. It is important at your hardship license hearing to make a strong presentation regarding your need to drive and the harsh consequences which you will face due to the loss of your right to drive
Unlike in Massachusetts, where hardship licenses are granted by the Registry of Motor Vehicles, in Virginia, you must file a motion with the court. These hardship license motions are filed at the conclusion of the DUI case, when a plea or conviction is entered. The Virginia Department of Motor Vehicles will not actually issue the restricted license unless and until you have enrolled in the Alcohol Safety Acton Program (ASAP).
In Virginia, as in Massachusetts, it becomes increasingly more difficult to get a hardship license with prior DUI offenses. For example, if you have DUI conviction within the previous 10 years, you must serve 4 months of the suspension. A prior DUI conviction within the previous 5 years will disqualify you from being issued a Virginia hardship license for at least 1 year. Virginia law does not grant hardship or restricted licenses for 3rd of subsequent DUI offenders.