Out of State DUI – Virginia License Suspension

If you get an out-of-state DUI / DWI and you have a Virginia license, Virginia DMV will likely suspend your license here. You may be able to petition to undo that suspension or at least get a restricted license.

Video Transcription

Hello, my name is Andrew Flusche. I’m a Virginia traffic attorney. If you’ve been convicted of a DUI in a state outside Virginia, but you maintain a Virginia license, what is probably going to happen is that state, pursuant to the driver’s license compound, is going to tell Virginia DMV about your conviction. Virginia DMV will most likely issue a one year suspension of your privilege to drive in Virginia. In other words, your license will be suspended for one year.

In order to get your license back at the end of that year you’re going to have to pay a reinstatement fee, furnish proof of financial responsibility, and you’re going to have to go through the Virginia Alcohol Safety Action Program. It’s a real pain in the butt. And that’s all in addition to anything you may have to do for the court where you received the DUI.

Fortunately, you have a couple options. One option is that we can petition the General District Court where you live here in Virginia to get a restricted driver’s license. That way you can at least drive for work, school, or other specified purposes here in Virginia during that one year. Now, to get that, you would have to enroll in the VASAP classes, and of course, pay a reinstatement fee, and jump through all those other hoops with DMV.

The other option we have is if you’ve been convicted of a DUI outside Virginia, we might be able to petition the Circuit Court and argue that that DUI is not similar enough to Virginia’s DUI law to matter, basically. If we can prove to the Circuit Court’s satisfaction that that DUI is not substantially similar to our law, we might be able to actually reverse the suspension here in Virginia, and you would be able to drive freely here in Virginia. Now, the state where you received the DUI might still suspend you, but if it’s a state that you don’t need to drive in, then it might accomplish the goal that you’re looking for of being able to drive at least here in Virginia where you live.

There are some options if you got an out of state DUI conviction and you’re licensed here in Virginia, but it’s something that you definitely want to talk with an attorney about to see what could work in your specific case.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then I have earned over 600 5-star reviews from happy clients on Google, Yelp, Facebook, and Avvo. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.
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