Third Offense Driving While Intoxicated (DWI)

Petition for Restricted Permit

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 (DMV):

  • A DMV Transcript
  • A DMV Compliance Summary

There is a $108.00 filing fee. This fee includes the service fees for the Sheriff to serve the Commonwealth Attorney and the DMV. If your petition is not approved for any reason, all fees and costs related to this petition will not be refunded. 

Disclaimer

The Circuit Court Clerk's 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 Offense Driving While Intoxicated, a petition should be filed in the locality where the petitioner resides. If the petitioner is not a resident of Virginia, they can petition any Circuit Court.

Required Documents

  • Original Petition for Restoration of Driving Privileges - Third Offense Form (PDF)
  • DMV Transcript and DMV Compliance Summary (both must be presented at time of filing)
  • Two additional copies of all forms. These will be served by the Sheriff on the Commonwealth Attorney and the DMV. The DMV will advise the Commonwealth Attorney and the Court about your eligibility to have your driving privileges restored either on a restricted or full basis.

Steps After Filing

The Court will set a hearing date 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 East Market Street, Martinsville, VA 24112.

If the Court grants your petition, you must comply with all DMV and VASAP requirements. In addition, since there are alcohol-related convictions, the Court may order installation of an ignition interlock device while driving with restriction. 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.