Restoring Driving Privileges

You may petition the court in which you were determined to be a habitual offender or the circuit court in the city or county in which you reside to restore your privilege to drive if:
  • You were determined to be a habitual offender on the basis of one or more convictions for operating a motor vehicle while under the influence of alcohol or other drugs; at least five years have passed; and you are no longer addicted to or psychologically dependent on the use of alcohol or other drugs (if at least three years have passed, the court may issue a license that allows you to drive to and from work only); or
  • You were determined to be a habitual offender partly on the basis of 1 or more convictions for operating a motor vehicle with a suspended or revoked driver's license due to failure to pay costs, fines or judgments; at least three years have passed; and those amounts are now paid; or
  • You were determined to be a habitual offender solely on the basis of one or more convictions for operating a motor vehicle with a suspended or revoked driver's license due to failure to pay costs, fines or judgments, and those amounts are now paid; or
  • You were determined to be a habitual offender on the basis of a finding of "not innocent" as a juvenile, and you are now at least 18 years of age; or
  • You were determined to be a habitual offender for any other reason by a court or by the commissioner of the Virginia Department of Motor Vehicles, and at least five years have passed.
Regardless of the basis for your petition, you must also indicate to the court that you do not constitute a threat to the safety and welfare of yourself or others with respect to the operation of a motor vehicle. The Office of the Clerk of Circuit Court will provide you with forms provided by the Supreme Court of Virginia for your information.