Your Virginia Legal Team

McLean Out-of-State Driver DUI Lawyer

A person from out-of-state will be affected by a DUI charge in McLean in much the same way as an in-state person would. There is not a separate statute for out-of-state drivers, which means that in-state and out-of-state drivers will be subject to the same penalties. One of the few differences is that Virginia does not have the authority to take a person’s out-of-state license, but Virginia can suspend a person’s privilege to drive in Virginia.  Also, some states reciprocate license suspensions. This means that a person’s home state may suspend the person’s license in the same manner as they would if the person was charged with an in-state DUI.  

If you are from outside the state and you were charged with driving under the influence, you should contact an experienced DUI attorney today. A McLean out-of-state driver DUI lawyer could fight for you and protect your rights.

What is the National Driver Register?

The National Driver Register (NDR) is a part of the National Center for Statistics and Analysis under the National Highway Traffic Safety Administration (NHTSA). The NDR keeps a database that is known as the Problem Driver Point System (PDPS) that contains information on persons whose privilege to drive a motor vehicle has been suspended, revoked, canceled, or denied. It also keeps a record of people who have been convicted of serious traffic offenses. These records contain the person’s name, birth date, gender, license number, and the reporting State.  

How Does This Apply to an Out-of-State Driver?

This applies to out-of-state drivers who are charged with a DUI in Mclean because, if a person is convicted, the Virginia Department of Motor Vehicles (DMV) is required to report this conviction and the resulting suspension to the NDR. And, this reporting is required to be made within 31 days of receipt of the convictions. When a person convicted of a DUI in Mclean either applies for or seeks to renew an out-of-state license, the state’s driver licensing officials will check PDPS to determine if the individual’s privilege to drive has been withdrawn by another state before issuing or renewing the person’s license. 

DUI Laws in McLean

DUI laws in Mclean do not differ from those in nearby jurisdictions within Virginia as the totality of Virginia is controlled by Virginia Code §18.2-266. However, there are some differences in comparison to other states. This becomes relevant when the Commonwealth seeks to enhance an individual’s punishment under Virginia Code §18.2-270. This statute comes into play if a person has been previously convicted of a DUI in Virginia, any other state, or by the United States if the law under which the person was convicted is “substantially similar.”  

It is the Commonwealth’s burden to prove that an out-of-state conviction was obtained under laws that were “substantially similar” to Virginia’s.  Differences in the past which have been held to deem laws as not “substantially similar” include a differing effect of statutory presumptions of intoxication. For more information, consult with an out-of-state driver DUI lawyer in McLean.

How a McLean Out-of-State Driver DUI Attorney Could Help

A local attorney could help out-of-state drivers facing DUI charges in the same ways a local attorney could assist in-state drivers. A McLean out-of-state driver DUI lawyer will be able to explain Virginia’s DUI laws to an out-of-state driver and their potential penalties. A local attorney will also be able to guide a person through the process of a DUI in court. This is crucial because not all states handle these cases in the same way. For example, some states may offer deferred dispositions or probation before judgment for DUI charges whereas Virginia does not. 

In addition, a McLean attorney will be able to better advise the person on the likely success of defense strategies at trial based on the prosecutor and judge assigned to a person’s case. Another benefit of working with a McLean out-of-state driver DUI attorney is that local lawyers are more likely to have working relationships with prosecutors. This can prove particularly helpful in negotiations in these cases

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