Third Offense Driving While Intoxicated


After expiration of the required statutory period, a person convicted of a Third Offense Driving While Intoxicated, may petition the Circuit Court to obtain a restricted permit.

To determine if you are eligible you will need to obtain from the Division of Motor Vehicles:

Filing Fee: $108.00 (This fee includes the service fees for the Sheriff to serve the Commonwealth Attorney and the Division of Motor Vehicles)

*Please Note: If your petition is not approved for any reason, all fees and costs related to this petition will not be refunded.

In addition, this office cannot provide any assistance or legal advice. The petitioner is responsible for making sure that all documents have been completed and the documents are filed in the proper jurisdiction. If you are not comfortable completing this petition, please contact an attorney. The Virginia Legal Aid Society may or may not be able to assist you at 1-888-799-3550.

Where to Petition

If a person was convicted of a Third Offence Driving While Intoxicated, a petition should be filed in the locality in which the petitioner resides. If the petitioner is not a resident of Virginia, they can petition any Circuit Court.

Required Forms

When your petition is filed, the Court will set a hearing date. A hearing will be set approximately 90 days after you file your petition. When you receive the Court Order signed by the Judge directing you to be evaluated by VASAP, you will be responsible for calling them at 276-632-6303 to schedule an appointment. They are located at 135 E. Market Street, Martinsville, VA 24112.

If the Court grants your petition, you must comply will all DMV and/or VASAP requirements. In addition, since there are alcohol related convictions, the Court may order installation of an ignition interlock device while driving with restrictions. Information from VASAP and the Commonwealth Attorney will be evaluated by the Court. If a restricted permit is granted, the Court will set a review date at the expiration of your restricted permit. You must be present for all hearings related to this matter. The Court will either grant full  privileges at this time or deny the petition.

Note: If you were convicted of a Third Offense Driving While Intoxicated and a Habitual Offender two separate petitions must be filed.