What happens to a non-resident who gets charged with DUI in Virginia?

Out-of-State Driver Being Charged With Virginia DUIBeing charged with DUI can be even more stressful if you are an out-of-state resident traveling in Virginia on vacation, on your way to work, or for business. Unfortunately, this is common because of the proximity of Maryland and Washington D.C. to our state and Virginia’s aggressive prosecution of DUI. If you are a resident of another state and have been charged with DUI in Fairfax or Northern Virginia, you need to retain an experienced local DUI attorney as soon as possible.

Consequences of DUI Charges in Fairfax for Out-of-State Residents

Under Virginia Code § 18.2-266, you may be charged with DUI if you have a blood alcohol content of 0.08 percent or higher or you are under the influence of alcohol. As a non-resident, you will still be required to attend any scheduled court hearings in Virginia. Your lawyer may be able to attend some of them on your behalf depending on the court and the type of hearing. DUI is a Class 1 misdemeanor, and you can face these penalties if convicted of a first offense:

  • You may be sentenced to up to 12 months in jail, but this may be suspended by the judge if you satisfy other conditions of your sentence. If your BAC was between 0.15 and 0.19 percent, there is a mandatory jail sentence of five days. This mandatory jail sentence would increase to 10 days if your BAC was 0.20 percent or higher.
     
  • You may be ordered to pay a fine of between $250 and $2,500.
     
  • You must complete the Virginia Alcohol Safety Action Program (VASAP) and may be sentenced to up to one-year probation.
     
  • Your driver’s license would be suspended for one year, but you may be able to obtain a restricted license allowing you to drive for certain approved purposes. In addition, you would be required to install an ignition interlock device on your vehicle in order to drive, even on a limited basis.
     
  • You would have a permanent criminal record.

How a DUI Conviction Will Affect Your Driver’s License in Your Home State

Almost all states are part of the Driver License Compact (DLC), which is an information sharing agreement to notify each other of traffic offenses and driver’s license suspensions or revocation. As a result, you may face the same loss of your driving privileges in your home state.

Are you an out-of-state resident who has been charged with DUI in Virginia? Our experienced DUI attorneys have helped many non-residents facing these charges. To learn how we can assist you, call our Fairfax office to schedule a free consultation today.