Getting charged with driving under the influence (DUI) is always a stressful experience, but it can be even more overwhelming when it happens in a state that's not your own. Suddenly, you're facing an unfamiliar legal system and wondering how a DUI conviction in Virginia could impact your life back home.
As an experienced Virginia DUI lawyer who has helped many out-of-state drivers facing DUI charges in our state, T. Kevin Wilson understands how scary and confusing this situation can be. Here's what you need to know about the Virginia DUI charges you face and how our attorneys at The Wilson Law Firm can defend you.
Virginia DUI Law and Penalties
Virginia Code § 18.2-266 makes it illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. The limit is 0.04% for commercial drivers and 0.02% for drivers under 21. The punishments for a first-time Virginia DUI conviction may include:
- A fine of up to $2,500
- Up to 1 year in jail
- A one-year driver's license suspension
- Completion of an alcohol safety program
- Installation of an ignition interlock device
Penalties increase significantly for subsequent convictions, higher BACs, and aggravating factors like transporting a minor while intoxicated or causing an accident with injuries or fatalities.
How Your Virginia DUI Affect You in Your Home State
If you are convicted of a Virginia DUI, the Virginia DMV is required to notify your home state. Most states participate in the Driver License Compact (DLC), an interstate agreement to share information about traffic violations and license suspensions.
This means a DUI in Virginia can lead to serious consequences for your out-of-state license. Depending on your home state's laws, you could face a license suspension, required DUI classes or an ignition interlock, and higher auto insurance rates. A DUI conviction may also affect your employment, especially if your job requires driving.
You Must Appear in Court When Charged With a Virginia DUI
After a Virginia DUI arrest, you will be given a court date. Even though you live out-of-state, you must return to Virginia to appear in court. The judge can issue a bench warrant for your arrest if you fail to appear.
Many out-of-state drivers make the mistake of thinking they can just pay the ticket and move on. However, DUI is a criminal offense in Virginia - not a simple traffic ticket. You cannot simply prepay the fines and avoid court.
You Need a Virginia DUI Lawyer
Dealing with your Virginia DUI criminal case from out of state is challenging. Appearing in court without a lawyer puts you at risk of severe penalties.
Our Virginia DUI lawyers can determine if there are weaknesses in the case against you and raise your defenses. We’ll attend all court hearings with you and explore other options, like a plea bargain, to minimize the consequences you face.