A Virginia general district or circuit court, as well as the Department of Motor Vehicles (DMV), can declare a person a "habitual offender" when they have been found guilty of 3 major violations or 12 minor violations in a 10-year period. Major convictions include Virginia DUI charges and the following:
- driving on a suspended or revoked license;
- voluntary/involuntary/aggravated involuntary manslaughter;
- providing false information to the DMV;
- using a vehicle in the commission of a felony;
- any motor vehicle violation that is considered a felony; and
- hit and run resulting in injury, death or property damage exceeding $1,000.
Minor violations in Virginia include:
- refusal to take a blood/breath test;
- fraudulent use of a driver's license;
- fraudulent application for license;
- operating or permitting operation of an uninsured vehicle;
- assault, willful stop, impede and/or damage to a vehicle;
- attempting to elude police (misdemeanor);
- reckless driving; and
- any motor vehicle violation that requires the court or DMV to suspend driving privileges.
If you are found driving after being declared a habitual offender you can be sentenced to up to 1 year in a state correctional facility and fined up to $2,500, depending on if the violation endangered another person or property. Multiple violations while the habitual offender status is active will result in additional imprisonment and fines.
You must petition the court to have your driving privileges restored and in the case of a Virginia DUI violation having led to your status, a waiting period of 3 years is mandatory for reinstatement. A Virginia DUI defense attorney can help you with petitioning the court to restore your driving privileges, contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.