Habitual Offender -- How can I get back my driving privilege?

Only a court can restore your driving privileges if you are declared a habitual offender.

• If DMV declared you a habitual offender, you must successfully petition the circuit court in the city or county where you live. Out-of-state residents must petition any Virginia Circuit Court.

• If you were declared a habitual offender by a court, you may file your petition in the court where you were declared a habitual offender or in the circuit court in the city or county where you live.

Be sure to ask the court to send a copy of your petition to DMV and the commonwealth's attorney in the court jurisdiction where you file the petition. DMV will advise the commonwealth's attorney about your eligibility to have your driving privilege restored on either a restricted or full basis.

The court will wait at least 30 days after receiving your petition before setting a hearing date. The court may order that you receive an evaluation from the Virginia Alcohol Safety Action Program and that the results be reported to the court prior to your hearing date.

If the court grants your petition and you comply with any other outstanding DMV suspensions, you must take and pass the complete driver's license test to receive your driver's license.