In Virginia, whether someone is able to drive after a DUI charge in Manassas or whether that privilege is suspended for a period of time will depend upon what kind of charge the individual has received. The minimum amount of administrative suspension that is received for any DUI is seven days for a first offense after which their privilege is typically reinstated automatically.
However, for a second or subsequent offense, the defendant may be under an administrative suspension until the court date or until sixty days have passed, whichever is shorter. On all felony DUIs, the individual’s privilege to drive is revoked until there is actually a trial on the case.
A restricted license may be authorized by the court in most DUI cases after someone has been convicted of DUI. For first offense DUIs, a restricted license will be authorized immediately in most cases and the individual can typically leave the courthouse with a restricted license the same day.
For second offenses, depending on whether it is a second within five years or a second within ten years, an individual may have to wait for four months or twelve months before they can ask for a restricted license.
In felony cases, a driver’s license is permanently revoked and no restricted license will be authorized until their probation period has run and after they have – by separate petition – asked the circuit court in their county to reinstate their license.
The most recent change to DUI law in Virginia took place in 2012. With that change came the requirement that all DUI charges result in the installation of an ignition interlock device as a condition of obtaining a restricted license. Prior to that time, this was only required on second or subsequent DUIs, or on first offense DUIs where the BAC was at least 0.15. After someone’s license is suspended, they will have the opportunity to challenge the decision, but they will need to file a formal request for a hearing.
An out-of-state driver who is charged with DUI is at risk for virtually all of the same penalties that a Virginia driver would face. This includes up to twelve months in jail, a fine of up to $2,500, completion of the VASAP program, as well as the installation of an ignition interlock for any restricted license that he or she receives.
The primary difference for an out-of-state driver is that whereas Virginia has the ability to suspend the license of a Virginia driver, it can only suspend the privilege of an out-of-state driver to drive in Virginia.
For example, if a Maryland driver has a DUI in Virginia, Virginia only can restrict that driver’s ability to drive within the Commonwealth; it does not have the power to restrict whether that individual can drive in Maryland or not.
However, because most states subscribe to an interstate mutual reporting agreement, it is very often true that a license suspension for an out-of-state driver in Virginia will trigger a suspension of their license in their home state by their home state.
There really are no differences in the rules respecting DUI for in-state or out-of-state drivers. The way that the case proceeds is the same, the proof that the government has to bring forward is the same and the defenses that are employed by the defense are the same. The only real difference for out-of-state drivers is that they are only at risk to have their privilege to drive in Virginia be suspended, whereas a Virginia driver is at risk to have their driver’s license itself suspended by a Virginia court.
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