How to Get a Restricted License in VA: Petition, DUI Steps, DMV

To get a restricted license in VA, you file an Application for Restricted Driver’s License (Form DC-263) with the court that suspended you, appear at a hearing with documentation for every place you need to drive, and once the judge signs the order, complete any DUI conditions and pay the reinstatement fee at a DMV customer service center. The restricted license does not shorten your suspension. It only authorizes driving to the specific destinations spelled out in the court order, which you have to carry with you whenever you drive.¹

Can You Petition Yet

Eligibility depends on why your license was suspended and how many prior offenses you have. Court-ordered suspensions go back through the court that convicted you. Administrative suspensions from the DMV, such as those for demerit points or driver improvement probation violations, are handled by the DMV without a court petition.² Reckless driving and aggressive driving convictions go through the sentencing court.¹

For a first DUI, the court can grant restricted privileges at the time of conviction. The required condition is an ignition interlock device for at least 12 consecutive months with no alcohol-related interlock violations. The court may shorten the interlock-only period to six months if it adds other driving restrictions for the rest of the suspension.³

A second DUI carries a waiting period before you can petition. If the second conviction fell within five years of the first, the wait is one year. If it fell between five and ten years after the first, the wait is four months.²

A third DUI within ten years is a felony that revokes rather than suspends your license. You are not eligible to petition until three years after the last conviction, and when you do, the restricted license is generally limited to travel between home and work.⁴²

A first-offense refusal of a blood or breath test lets you petition the court 30 days after the conviction date.⁵ A second refusal within ten years is a three-year revocation with no restricted license available.

Filing the Petition

The form is the Application for Restricted Driver’s License, Form DC-263, available as a PDF on the Virginia Judicial System website.⁶ It asks for your personal information, the original case number, and the specific driving privileges you want.

The application alone is not enough. Judges want specifics for each destination, so bring documents that back up every request:

A letter from your employer confirming your work address and schedule.
School enrollment verification with your class schedule.
Written verification from a licensed health professional for medical travel.
A copy of any court order for child visitation.
Proof of VASAP enrollment for DUI-related suspensions.

File the completed DC-263 and supporting documents with the clerk of the court that handled your suspension. The court schedules a hearing where you explain to the judge why you need each driving privilege and present your documentation. If the judge approves, you receive a signed court order listing every restriction. The court sends a copy to the DMV Commissioner, and your copy is what authorizes you to drive until the DMV issues the actual restricted license card.¹

Extra Steps for DUI Suspensions

If your suspension is DUI-related, the signed court order is not the finish line. Skip any of the conditions below and the DMV will not issue the license.

VASAP Enrollment

You must enroll in the Virginia Alcohol Safety Action Program within 15 days of receiving restricted privileges. Completing the program is a condition of the license, and failing to do so can revoke it. The VASAP fee ranges from $250 to $300, and the court can reduce or waive it for financial hardship.⁷

Ignition Interlock

For DUI convictions, the court must order an ignition interlock as a condition of the restricted license. The device must stay installed for at least 12 consecutive months without alcohol-related interlock violations. For second and subsequent offenses, the interlock must be installed on every vehicle you own or that is registered to you.³ Bring a certificate from the installation company to the DMV; without it, the restricted license will not be issued.

FR-44 Insurance

Virginia requires an FR-44 certificate of financial responsibility for DUI-related offenses. It demands higher liability coverage limits than the standard minimum of $30,000/$60,000/$20,000. Your insurer files the FR-44 directly with the DMV, and you have to maintain continuous coverage for the required period. If the policy lapses, the DMV is notified automatically and the restricted license can be suspended.

Finishing at the DMV

The last step is in person at a Virginia DMV customer service center. It cannot be done online. Bring the signed court order, proof of any required conditions (interlock installation certificate, VASAP enrollment confirmation, FR-44 filing confirmation), and payment for the reinstatement fee.²

Reinstatement fees vary by the underlying offense:

$145 for suspensions tied to uninsured vehicle operation, failure to satisfy a judgment, or failure to provide liability insurance information.
$175 for driving on a suspended license (non-DUI), refusal of a blood or breath test, probation violations, or felony convictions involving a motor vehicle.
$220 for DUI-related suspensions, including DUI-related manslaughter and VASAP revocations.

Before you go, request a compliance summary from the DMV to confirm nothing is missing.⁸⁹ Until the DMV issues the physical card, carry the court order any time you are driving.¹

Where a Restricted License Lets You Drive

Virginia law lists fifteen possible purposes a restricted license can authorize. The judge picks from that list based on what you request and what you document. Commonly approved purposes:

Travel to and from work, plus driving during work hours if operating a vehicle is part of the job.
Travel to and from school or college with written proof of enrollment.
Health care appointments for yourself, or medically necessary transportation of an elderly parent or household member with a serious medical condition, verified in writing by a licensed health professional.
Transporting a minor in your care to school, daycare, or medical appointments, and travel for court-ordered child visitation.
VASAP meetings, probation appointments, court appearances where you are a party or witness, and other court-ordered programs.
Travel to one place of worship, one day per week, at a specific time and location set in the order.
Job interviews and the Virginia Employment Commission, with written proof of the appointment.
Travel to and from the facility that installed or monitors your interlock device.
Travel to and from jail when a sentence is served on weekends or nonconsecutive days.

You cannot deviate from the purposes listed in your court order. A stop at the grocery store on the way home from work is technically a violation. Each destination has to be on the order for you to drive there.⁷

If You Drive Outside the Order

Driving outside the terms of the restricted license is a Class 1 misdemeanor, Virginia’s most serious misdemeanor classification, with up to 12 months in jail and a fine of up to $2,500. The DMV can administratively revoke your license on top of the suspension you were already serving. Three convictions for violating restricted license terms within a ten-year period raises the charge to a Class 6 felony.¹⁰ If you need to travel somewhere the court order does not cover, go back to the court and ask to amend the order before you drive there.

1
Virginia Code Commission. Virginia Code 46.2-392 – Suspension of License on Conviction of Certain Offenses
2
Virginia Department of Motor Vehicles. Restricted Driving Privileges
3
Virginia Code Commission. Virginia Code 18.2-270.1 – Ignition Interlock Requirements
4
Virginia Code Commission. Virginia Code 46.2-391 – Revocation of License for Habitual Offenders
5
Virginia Code Commission. Virginia Code 18.2-268.3 – Refusal of Tests; Penalties
6
Virginia’s Judicial System. Application for Restricted Driver’s License – Form DC-263
7
Virginia Code Commission. Virginia Code 18.2-271.1 – Probation, Education Programs, and Services for Persons Convicted of Certain Offenses
8
Virginia Department of Motor Vehicles. Reinstate Driver’s License
9
Virginia Department of Motor Vehicles. Reinstatement Fee
10
Virginia Code Commission. Virginia Code 18.2-272 – Driving After Forfeiture of License