There are two types of petitions for having driving privileges restored: (1) habitual offender, and (2) 3rd or subsequent DUI. To have your driving privileges restored, you must file in the Circuit Court Clerk’s Office a Petition for Restoration along with a copy of your current DMV record and the filing fee. Also, you must state the basis of your petition, i.e., restoration under Virginia Code Section 46.2-391(C)(1), or restricted license under Virginia Code Section 46.2-391(C)(2).
If the petitioner has had any DUI, he or she will be referred to Tri-River ASAP for evaluation, and a court date will be scheduled approximately 90 days out. Petitioners with no history of DUI will have their court date set for approximately 60 days out. The petition must be served on both the Commonwealth Attorney and the Commissioner of the Department of Motor Vehicles. Pursuant to the Rules of the Supreme Court, the respondents must be given 30 days from the date of service to file responsive pleadings.
A petitioner that applies for a restrictive driver’s permit must present along with the petition, a letter from his or her employer documenting the terms and hours of employment. Please note that this court will allow 12 hours per day, 6 days per week of restricted driving privileges to and from work, court-related appointments, and medical appointments. Please see the civil fee schedule on the Supreme Court website to obtain the appropriate filing fee.
Refer to Virginia Code §46.2-358 through Virginia Code § 46.2-361 to determine the proper jurisdiction where you are to file the petition.
Code of Virginia