What Happens If an Out-of-State Driver Gets a DUI In Virginia?

Receiving a DUI charge is an overwhelming and terrifying experience. If you are facing a drunk driving charge, you may be filled with uncertainty and anxiety, but you are not alone. The situation can become even more daunting when the charge occurs in a state where you don’t reside and whose local laws and regulations you are unfamiliar with.

Long Term DUI Consequences and Driving Privileges

The consequences of a DUI charge go beyond immediate DUI penalties. They can affect driving privileges, involve revocation of your driver’s license, rising insurance rates, and even the loss of future job opportunities. Each state has its own laws regarding DUI offenses, so an out-of-state driver may face unique challenges and consequences that differ from what they would experience in their home state.

If you are an out-of-state driver confronting a DUI charge in Virginia, you have options. Our criminal defense attorneys are experienced in DUI cases and are here to guide you through this situation. With extensive experience in dealing with DUI cases in criminal court in-state, the attorneys at our law firm understand the complexities of the legal system and are committed to protecting the rights of non-residents, including the sanctity of their out-of-state license.

What Happens if You Are Convicted With an Out-of-State DUI?

When a driver is convicted of an out-of-state DUI under the Virginia vehicle code, the consequences can be staggering. It’s important to remember that legal consequences do affect an individual’s driving privileges in their home state.

Impact on Your Driving Record

An out-of-state DUI can have lasting impacts on an individual’s driving record and their in-state license back home. A DUI conviction will likely cause increased insurance premiums. Since employers often review driving records prior to hiring, DUIs can negatively impact your chances of securing employment.

Impact on Your Criminal Record

A DUI conviction in one state can have significant repercussions on an individual’s criminal record, even if they hold an out-of-state license. The Virginia DMV will typically report DUIs to a driver’s home state’s DMV, which may lead to additional penalties like fines, license suspension, or mandatory alcohol education programs.

The Interstate Driver’s License Compact

The Interstate Driver’s License Compact (IDLC) is an agreement that allows states to share information about traffic violations and license suspensions within member states. This means that if a driver commits a violation in one state, that violation is reported back to their home state. The only states that are not member states of the IDLC include Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.

Typical Penalties and Fines For Out-of-State DUI Convictions

If an individual is convicted of an out-of-state DUI, the consequences can be significant and multifaceted. Common consequences for DUIs include:

• License suspension: For first offenses, the length of suspension often ranges from 90 days to a year.
• Criminal charges: Drivers may face criminal charges like fines, jail time, probation, or mandatory alcohol education programs. The severity of the offense and prior DUIs can increase the potential for penalties.
• Impact on home state license: A driver’s home state will typically explore revocation of a driver’s license and other penalties based on out-of-state DUIs.
• Driving record: A DUI conviction will appear on a driving record and can cause increased insurance premiums and employment issues.
• Reinstatement challenges: Reinstatement presents an out-of-state driver with hoops to jump through, like compliance with court-ordered programs to regain full driving privileges.
• Additional penalties for repeat offenders: When a driver has prior DUIs, subsequent offenses may incur harsher penalties, including longer license suspensions and more severe fines or jail time.

Will a DUI From Another State Show Up on a Background Check?

Yes, a DUI conviction from another state will typically show up on a background check. This is because most background check services access public records, including court documents, driving records, and law enforcement records, which often contain DUI information. States that participate in the Interstate Driver’s License Compact (IDLC) share DUI conviction data, meaning that if an individual is convicted of driving under the influence in one state, their home state will likely be notified, leading to potential consequences there as well.

How Does Virginia Handle Out-of-State DUI?

Out-of-state drivers charged with driving under the influence in Virginia are subject to the same legal standards as if they lived in the Commonwealth. This includes potential penalties such as jail time, fines, and mandatory classes.

Criminal Charges

A driver convicted of driving under the influence will be charged with a Class 1 misdemeanor, which can result in penalties including up to 12 months in jail and fines of up to $2,500 for a first offense. If the driver’s blood alcohol content (BAC) is 0.15 percent or higher, additional penalties apply, such as mandatory jail time.

• Up to 12 months in jail
• fines of up to $2,500 for a first offense
• Class 1 misdemeanor charge

License Suspension

While the Commonwealth of Virginia cannot suspend an out-of-state driver’s license, it can prohibit the individual from driving within its borders. The conviction will be reported to the driver’s home state, which may impose its own sanctions based on local laws.

Reporting to Home State

The Commonwealth of Virginia reports DUI convictions to the National Driver Registry, allowing the home state to take action against the driver there. This could lead to revocation, fines, or other penalties once the individual returns home.

Administrative Hearing

Following an arrest, you must attend an administrative hearing regarding the suspension of your driving privileges. The outcome of the hearing can affect your ability to drive in Virginia but does not impact any criminal proceedings.

Court Appearances

Out-of-state drivers must attend all scheduled court hearings in Virginia, although their attorney may be able to represent them at some hearings.

Can I Travel Out of State With a DUI?

Currently, no restrictions prevent drivers from traveling between states due to a DUI conviction. If an individual is currently serving a sentence for drunk driving, they must adhere to any driving restrictions imposed by their home state. For instance, if their license is suspended, they cannot legally drive in any state until their driving privileges are restored. If a driver is placed on probation or parole, they must obtain permission to travel before leaving the state.

Potential Defenses to an Out-of-State DUI Charge

When facing an out-of-state DUI charge, individuals have several potential defenses they can utilize to challenge the allegations. Hiring an experienced DUI lawyer for your DMV hearing and criminal charge is crucial to help avoid or lessen criminal penalties.

• Challenging the legality of the traffic stop: A key defense involves challenging whether the police had sufficient grounds to initiate the stop. If the stop is deemed unlawful, the defendant may be able to prevent the prosecution from using any evidence obtained as a result.
• Questioning field sobriety tests: Field sobriety tests are subjective and easily influenced, so defendants can challenge their accuracy based on factors like fatigue or unfamiliarity.
• Challenging breath or blood test results: Defendants can challenge breathalyzer or blood test results by questioning testing procedures, like equipment calibration. Flaws in the process could get the results excluded.
• Alternative explanations for behavior: Individuals may present evidence that something other than intoxication caused the driving behavior that led to the DUI charge, like a car malfunction.
• The “no driving defense”: If someone was arrested for DUI while parked or in a non-moving vehicle, they might argue they weren’t actually driving.
• Entrapment or coercion: If there’s evidence that law enforcement used entrapment or coercion during a DUI arrest, it could be a basis for a legal defense.
• Challenging implied consent laws: Defendants can argue against penalties for refusing chemical tests based on discrepancies between their home state laws and those of the arresting state.
• Negotiating lesser charges: In some cases, it may be possible to negotiate a plea deal for reduced charges, such as “reckless driving,” which typically carries less severe penalties than a DUI conviction.

How Can a Virginia DUI Defense Attorney Help Me With an Out-of-State DUI?

If you’re facing DUI charges in the Commonwealth of Virginia, hiring a Virginia lawyer is crucial. An experienced DUI defense attorney can navigate Virginia’s complex legal system, representing clients in court and potentially reducing the need for them to travel back for every hearing. They can help protect driving privileges by advocating for favorable outcomes based on your unique circumstances, including reduced charges or alternative sentencing options.

Why Work With Montagna Law Defense Attorneys for Your Out-of-State DUI

When you work with Montagna Law defense attorneys, you can be sure that you’ll have decades of legal experience on your side to fight for you. Our law firm has been winning cases for over three decades and focuses on DUIs, traffic defense, reckless driving, and criminal defense.

Testimonials

“Mr Montagna has helped me with two cases now, both times he has been professional and helpful. In both cases my charges were reduced and I was very pleased with the results. If I have any other driving incidents or personal injury I will definitely be given Mr Montagna a call back.” – Steven E.

“Went into court with a DUI, refusal charge, and driving on suspended 3rd offense. Mr Montagna let me know exactly what he was doing and what the possibilities were every step of the way. He offered competitive prices and did not sale me a dream. Being straightforward with me gave me the opportunity to make informed decisions throughout the case. Thanks to Mr Montagna I had all three of my charges DISMISSED. The staff from the time I walked in the door was amazing and made me feel welcomed. Thank you again to Mr Montagna and staff for everything!” – B.C.

“I would recommend this firm to anybody, especially with traffic tickets or anything DUI related .. knew the law very well amazing job .. worth every dime .. tough case and he handled it amazing” – Kenyon P.

Don’t Let a DUI Ruin Your Vacation

The Montagna Law defense attorneys are experienced and trustworthy in assisting individuals in Virginia with issues involving a restricted license, revoked license, criminal charges for reckless driving, driving record-related criminal offenses, traffic violations, DUI, DWI, and other matters affecting their Virginia driver’s license. If you are in the Hampton Roads area, including Hampton, Norfolk, Virginia Beach, Portsmouth, or close by, contact us today online or by phone at 757-625-3500 for a free consultation.