Understanding Out of State DUIs

What happens if you get an out of state DUI? People arrested for a DUI in another state needs to contact a DUI defense attorney in that state for help. DUI cases involve criminal court proceedings. You will need to appear in court, so having an experienced DUI attorney to help you fight the out-of-state DUI charge is crucial. 

Out of State Drivers with a DUI charge in Virginia

If you are convicted of a first offense DUI in Virginia, you face a mandatory suspension of your license of one year. Such suspension would only affect your ability to drive in Virginia, as a Virginia judge cannot suspend an out-of-state driver’s license to drive in any other state. Virginia judges also cannot physically seize a person’s out-of-state license after suspending that person’s ability to drive in Virginia. Va. Code § 46.2-398. However, the Virginia Department of Motor Vehicles may communicate with the Department of Motor Vehicles in your home state informing them that there has been a suspension. Virginia, along with many other states, is part of the Driver License Compact, which is an agreement between states to share information with a driver’s home state when a traffic violation or DUI occurs. Va. Code § 46.2-483-488.

Out-of-State DUI Conviction Penalties

Penalties for DUIs in Virginia vary based on a variety of factors. For example, courts look to whether there have been prior offenses, the time period between offenses, the amount of alcohol, and other factors. Penalties for a DUI in Virginia include: 

• Driver’s license suspension/restriction
• Jail time
• Fines
• Completion of an alcohol treatment program (VASAP)
• Probation

Suspended Driving Privileges

Once convicted of a DUI, your license could be suspended for one year, but you may be able to obtain a restricted license allowing you to drive for certain approved purposes. If approved for a restricted license, you would be required to install an ignition interlock device on your vehicle in order to drive (Va. Code § 18.2-270.1). This may be something to discuss with your attorney if you live in a neighboring state and commute to Virginia.  Driving in Virginia on suspended license, or in violation of a license restriction can result in additional charges. (Va. Code § 18.2-272).

Criminal Charges

Once the case is filed, you will be required to attend several court appearances. If you do not attend these court appearances the judge may issue a Failure to Appear Bench Warrant, which can result in additional charges. (Va. Code §19.2-128).

Help with Out of State DUIs

If you have been arrested for DUI in another state, it is crucial that you speak to a DUI attorney ASAP. Contact Cook, Craig & Francuzenko today to learn more.