Price Benowitz LLP is continuing to serve the community during the COVID-19 outbreak through the implementation of The Helping Hand Initiative. This plan seeks to help individuals who are more vulnerable to the virus by enlisting volunteers who can deliver groceries, medicine, and other necessary supplies. If you would like to volunteer or know someone who may be in need of assistance, please contact helpinghand@pricebenowitz.com.

Because your health is of the utmost importance to us, our team has begun working remotely. Our plan is to continue providing excellent service to our clients while ensuring the safety of our community and yours.

Your Virginia Legal Team

License Suspension After a Chantilly DUI

A DUI charge is one of the most common offenses filed in the Commonwealth of Virginia. Between the legal hardships and financial burden of handling such a charge, the responsibilities faced by an affected individual can start to become overwhelming. In a Chantilly DUI case, license suspension can be incredibly taxing on a person and should be dealt with professionally. It is crucial to hire an experienced attorney to aid in any consequences associated with a license suspension.

Challenging a Suspension

There is no way to challenge a license suspension after a Chantilly DUI, especially not immediately after an arrest. If a person is arrested under a suspended license, they can file a motion in front of a judge. However, the judge will not grant the motion. An individual is automatically suspended for seven days if they have been arrested for a DUI and have a refusal attached to it. No matter whether a person challenges their license suspension or not, it will remain suspended.

If a person is arrested for a DUI, they should be able to drive their car 10 days after being arrested assuming that they have no other suspension from their license.

Out-Of-State Suspension

An out-of-state license holder is not going to be suspended in their own state following a Chantilly DUI unless that state takes action. Virginia only has the power to suspend somebody’s privileges in their state, unless that person is a Virginia license holder in which case they can suspend their privileges in another state. An out-of-state license holder will only have their license suspension effective in Virginia. This means that an individual can still drive in other states if they are an out-of-state license holder that’s convicted of a DUI in Virginia.

Commercial Driver’s License

A person with a commercial driver’s license will lose their driver’s license if they are convicted of a DUI. If an individual loses their commercial driver’s license, they won’t be able to continue their job. This is most relevant for jobs such as truck drivers, where a loss of a commercial license would forbid the individual from working. This factor leads most cases to proceed beyond the typical procedures of a license suspension after being charged with a Chantilly DUI because those with a commercial driver’s license often have much more riding on their offense.

If a person has a commercial driver’s license, the approach to a DUI charge differs. This is because the person can almost certainly not plead guilty to a DUI, for the sake of their job. The accused individual can’t have anything on their record, and if they are convicted of a DUI, they will be dismissed from work. In general, out of necessity, those with a commercial driver’s license go to trial more often than not.

Even if a person takes a plea deal to anything that is a serious infraction, they will still lose their license. If a person goes to trial and fights their case, then the person will hopefully not be removed from work. However, sometimes just the charge itself is enough that the person’s employer will think of it very seriously. A commercial driver’s license holder cannot have a conviction of a traffic infraction on their license.

Contact Us

Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.

Copyright 2020 Virginia Criminal Lawyer. All rights reserved. Disclaimer/Privacy Policy