On 5/09/09 I was arrested and charged with a class 6 felony DWI (3rd offense within 10 years). I was fully prepared to go to trial as my lawyer felt that I had a fair chance of acquittal. On 6/16/09, the commonwealth attorney of VA offered a plea in which the charge was reduced to misdemeanor DWI (2nd offense). After careful deliberation with my lawyer concerning the sentencing guidelines for the amended charge, I accepted the plea and was convicted with full understanding that the court sentencing would include jail time, fines, probation, and a suspension of my driver license for 3 years. I carefully checked my court paperwork and confirmed that my license had indeed been suspended for 3 years.
I responsibly complied with all court requirements, and was anxiously looking forward to the day that I would be eligible to petition the court for restoration of my driver license. After factoring in the credit for the administrative suspension, the day would be 5/09/12.
On 2/29/12, with only 10 weeks left on my suspension, I receive a letter from DMV, stating that ďunfortunately our records show that this is your third or subsequent DWI conviction; therefore, Virginia law requires DMV to revoke your driving privilege indefinitely.Ē The letter further stated that I would be eligible to petition the court for a restricted license on 6/16/09, but would not be eligible for full restoration until 6/16/14. Now the court did not adjudicate me as a habitual offender and although nothing in the DMV letter specifically declares this either, the revocation criteria and language seems to indicate this. This indication raises some very important legal questions.
1) Assuming that DMV is right, when I file my petition for a restricted license do I file as a habitual offender or not? This makes a big difference, as it is my understanding that a habitual offender petition restricts the driver to/from work only and cannot be used for travel during work for work purposes. I am a self-employed handyman and lawn care provider and need to travel during work in order to move materials and equipment.
2) If DMV is citing Virginia law as their criteria for revocation and notification of error, this would mean that my lawyer, the commonwealth attorney, and the judge all made a serious error regarding sentencing law. Doesnít this mean that I didnít receive a fair hearing? My acceptance of the plea offer was heavily influenced by the sentencing guidelines concerning license suspension.
3) How can it be fair or legal for the DMV to notify me of this error nearly 3 years later and after the statute of limitations for an appeal has expired? Isnít the DMV regulated by some sort of statute of limitations as well?

I realize that some of these questions involve complex legal issues, but I need to move forward with this matter and I have been unable to get in contact with my lawyer. Any advice on how to proceed would be greatly appreciated.