Out of State DUI Lawyers in Fredericksburg

Informative Legal Counsel You Can Trust

DUIs often result in serious consequences which can adversely affect your career, reputation, and wellbeing. Out of state DUIs are slightly more complicated, as the state in which you received your DUI will notify the Virginia DMV about your conviction. Virginia is then responsible to penalize you as is necessary under Virginia’s driving laws.

If you have found yourself charged with an out of state DUI, don’t hesitate to get in touch with our skilled DUI attorneys from Cornick Ndlovu, PLC. With more than a decade of legal experience, Cornick Ndlovu, PLC can capably guide you through your legal circumstances and fight to ensure your rights are upheld.

Charged with an Out-of-State DUI? We Can Help!
Don’t let an out-of-state DUI affect your Virginia driving privileges. Contact us today for legal guidance. Call (540) 386-0204 now!

Driver’s License Compact

The Driver’s License Compact (DLC) is an agreement shared among almost all the states, including Virginia, to share information regarding a driving offense if the offender was an out-of-state driver.

The following states are not members of the DLC:

• Tennessee
• Georgia
• Massachusetts
• Wisconsin
• Michigan

Typically, the offender is prosecuted with regard to the laws of his or her home state. Each state will have slight differences in how they handle these offenses. If you carry a Virginia driver’s license and are charged with a DUI in another state, you are subject to Virginia’s penalties for a first-time DUI, or multiple DUI, depending on the specifics of your situation.

License Suspension After an Out-of-State DUI

In Virginia, many out-of-state DUI offenders find themselves facing license suspension. The process of reinstatement typically involves paying a fee and enrolling in the Virginia Alcohol Safety Action Program.

Several other options are available in response to license suspension:

• Petitioning the General District Court in Virginia for a restricted driver’s license. This license would enable you to drive to school, work, take care of a loved one, or otherwise enable you to carry on important and crucial parts of your daily life.
• Petitioning the Circuit Court to re-evaluate your charges. This petition essentially asks the court to take a look at your charges and see whether or not your charges were brought under laws similar enough to Virginia DUI laws. Ideally, this might result in a reversal of your suspension.

How Virginia Handles Out-of-State DUI Convictions

If you are convicted of a DUI in another state but hold a Virginia driver’s license, Virginia will likely enforce penalties as if the offense happened within the state. This is due to the Driver’s License Compact (DLC), an agreement among most states to share driving violation records.

Here’s how Virginia handles out-of-state DUI convictions:

• Notification to Virginia DMV: The state where you received the DUI will report the conviction to the Virginia Department of Motor Vehicles (DMV).
• License Suspension: Virginia may suspend or revoke your license based on its own DUI laws, even if the offense occurred elsewhere.
• Virginia Penalties Apply: You will typically face the same penalties as if the DUI occurred in Virginia. This may include fines, mandatory alcohol education programs, and the installation of an Ignition Interlock Device (IID).
• Alcohol Safety Action Program (VASAP): To reinstate your license, you may be required to complete Virginia’s Alcohol Safety Action Program (VASAP), which includes education and counseling.
• Restricted License Option: If your license is suspended, you may be able to petition for a restricted license, allowing you to drive to work, school, or medical appointments.

If you have been charged with an out-of-state DUI, it’s important to consult with an experienced Virginia DUI attorney to understand your rights and options.

Differences Between Virginia DUI Laws and Other States

DUI laws vary from state to state, meaning the consequences you face could depend on where the offense occurred. Some key differences include:

• Blood Alcohol Content (BAC) Limits: Virginia’s legal BAC limit is 0.08%, but some states have lower limits for commercial drivers or minors.
• Look-Back Period: Virginia has a 10-year look-back period, meaning previous DUIs within this timeframe can lead to harsher penalties. Other states may have shorter or longer look-back periods.
• Penalties: Some states impose higher fines, longer jail sentences, or stricter probation requirements for DUI offenses.
• Diversion Programs: Certain states offer DUI diversion programs that allow offenders to avoid a conviction. Virginia does not offer this option.

Understanding these differences is crucial when facing an out-of-state DUI. Seeking legal guidance can help you navigate the legal process and minimize the impact on your future.

Frequently Asked Questions About Out-of-State DUIs in Virginia

Will I have to go to court in the state where I got the DUI?

• Yes, in most cases, you must appear in court in the state where the DUI occurred. Some states allow an attorney to represent you without you being present, but this depends on the specific laws of that state.

Can I ignore an out-of-state DUI?

• No. Ignoring an out-of-state DUI can lead to a suspended license, additional fines, and even a warrant for your arrest. Virginia will likely enforce penalties, and failing to address the charge could make matters worse.

Will an out-of-state DUI show up on my Virginia driving record?

• Yes, most states report DUI convictions to Virginia through the Driver’s License Compact (DLC). Once Virginia is notified, the DUI may appear on your driving record, and you could face penalties under Virginia law.

Can I get a restricted license if my Virginia license is suspended for an out-of-state DUI?

• Possibly. Virginia allows drivers to petition for a restricted license, which lets you drive to work, school, medical appointments, and other necessary places. However, eligibility depends on the details of your case.

How will an out-of-state DUI affect my car insurance?

• Your insurance rates will likely increase significantly, and some providers may cancel your policy. Even though the DUI happened in another state, insurance companies view all DUI offenses as high-risk behavior.

Do I need a Virginia attorney for an out-of-state DUI?

• Yes, hiring a Virginia DUI attorney is important because they can help you understand how the charge will affect your Virginia license and driving privileges. They can also work with an attorney in the state where the DUI occurred to minimize penalties.

Will I have to install an Ignition Interlock Device (IID) in Virginia?

• If the state where you got the DUI requires an IID, Virginia may also enforce this requirement when reinstating your license. You will likely need to comply with Virginia’s Ignition Interlock Program to regain full driving privileges.

Contact Our Fredericksburg DUI Lawyers Today!

With Cornick Ndlovu, PLC, you can rest assured you are in the hands of experienced and knowledgeable Fredericksburg criminal defense lawyers. Regardless of the circumstances, navigating a DUI charge can be an incredibly nerve-wracking experience. Our legal team ensures you are never alone throughout this process, and we are personally dedicated to each and every case we take.

Protect Your License – Take Action Now!
A DUI from another state can still impact your future. Contact us to discuss your options. Call (540) 386-0204 for a consultation!