Reckless Driving

Depending both on what happened during your arrest for suspicion of DUI and the outcome of your DUI case, the status of your driver’s license can vary tremendously. If you are stopped by the police and asked to perform field sobriety tests and then submit to chemical testing, your actions can affect your driving privileges. If your license is suspended because of the results of the chemical testing, it is known as a statutory summary suspension.

Statutory summary suspensions occur when you fail to provide a breath or blood sample after your arrest, fail the chemical test, or are unable to perform or complete the chemical testing. One of the most common reasons that people fail to complete chemical testing occurs when the individual is unable to blow hard enough for the breath to be analyzed.

Failing a chemical test means that there is a BAC of .08 or more, a THC of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, or a trace of other drugs. Statutory summary suspensions are automatic and take effect on the 46th day from the date of the suspension notice. Typically, this notice is given to the alleged offender in paper-form labeled as a “Warning to Motorist.”

Virginia DUI laws dictate that an individual who fails chemical testing on a first offense is subject to a 6-month suspension. An individual who fails a second or subsequent test within 5 years is subject to a 1-year suspension of their driver’s license.
An individual who refuses chemical testing on a first offense is subject to a 1-year suspension of their driving privileges. An individual who refuses chemical testing for a second or subsequent test within 5 years is subject to a 3-year suspension.
Even though the DUI laws in Virginia mandate suspensions of driving privileges depending on the results of the chemical tests, these suspensions can be contested in the proper court. If successful, the statutory summary suspension can be rescinded. A successful rescission hearing would result in the motorist’s suspension never take effect or driving privileges to be reinstated, based on the timing of the rescission.

There are additional potential consequences to a motorist’s driving privileges as a result of the criminal DUI charges. Of course, if charges are dismissed or the motorist is found not guilty, there will be no additional suspensions or revocations as a result of the DUI law(s) that the motorist is charged with violating. However, there are consequences if the motorist either pleads guilty or is found guilty of violating an Virginia DUI law.

If you plead or are found guilty, court supervision does not result in a revocation of your license. However, you may be required to pay reinstatement fees of $250 to the Virginia Secretary of State after any suspension period. Most first-time offenders charged with a misdemeanor DUI are eligible for court supervision, provided that there aren’t aggravating circumstances, such as a particularly high BAC, driving with a child in the car, or causing an accident.

On the other hand, a conditional discharge conviction or probation will result in a revocation of your license for a period of time, as determined by the Secretary of State. Judges and the courts do not revoke or suspend licenses. Instead, this is a function left to the Secretary of State, as provided in 625 ILCS 5/6-206.

Once your license is revoked, the only way to regain driving privileges is to petition the Secretary of State for a restricted driving permit or to request a full reinstatement hearing. If you are caught driving during a statutory summary suspension or revocation, you can be charged with a misdemeanor or even felony charge of driving on a suspended or revoked license under 625 ILCS 5/6-303.