Trust a Local DUI Defense Lawyer to Handle Your Case
On vacation, business or just passing through? If you are an out-of-state driver who is charged with Reckless Driving or driving while under the influence (DUI) in Virginia, you need an experienced Fairfax Reckless Driving and DUI defense lawyer to manage your case when you leave our lovely state.DUI and Reckless Driving convictions on your record in Virginia can impact your driver’s license in your home state as well, and you will still have to follow through on Virginia’s penalties for these misdemeanors.
The NoVa Law Firm represents those who have been charged with Reckless Driving and DUI and other criminal offenses in Fairfax, Alexandria, Arlington, Prince William and Loudoun counties in Northern Virginia. Attorney Eric Clingan has nearly 20 years of criminal defense experience winning cases and getting these charges dismissed.
Out-Of-State Drivers are Subject to Virginia’s DUI Laws
Virginia is known for being tough on reckless driving, drunk driving and drugged driving. Any person driving a motor vehicle in the Commonwealth is expected to adhere to Virginia’s laws or face the consequences. In Virginia, DUI applies to any motor vehicle operator who is found to have blood alcohol content (BAC) of 0.08, though there are exceptions for underage drinkers, commercial drivers, and those who appear intoxicated with a BAC above 0.05. For Reckless Driving, Virginia cops can charge you for going 20 mph over the speed limit –even 75 in a 55!Also, exceeding 80 mph, regardless of the speed limit is Reckless Driving.In all, there are 23 (23!!) different traffic violations in Virginia that can qualify as Reckless Driving and seriously “Wreck” your driving record.
Whether you’ve been charged with Reckless Driving or DUI in Virginia, it is wise to obtain a Virginia lawyer to fight on your behalf, because a conviction still means facing our state’s penalties, including:
- Revoked driving privileges in Virginia for up to one year
- Possible jail time
- In DUI cases, completion of Virginia Alcohol Safety Action Program (VASAP)
Convicted of a Reckless Driving Charge or DUI in Virginia?
First, if you are out of state, then, depending on the circumstances of your case, you may be able to waive the requirement to appear in person at your arraignment or, in some cases, at your trial. Your attorney will be able to advise you and may be able to appear on your behalf.This is not always advised, however, as it is much easier for a judge to convict you in your absence.
If you are convicted of a DUI, your driver’s license will be suspended in Virginia. You will not be able to drive legally in the state for a year after your conviction. If you are convicted of a Reckless Driving charge, you could lose your privilege to drive in Virginia for up to 6 months.While this does not necessarily affect your ability to drive in your home state, the Virginia Department of Motor Vehicles (DMV) may inform your home state’s motor vehicle agency of your charge. Your state may then decide to pursue license suspension, revocation, or adding points to your license. Those living in Maryland or the District may face restricted driving rules in Virginia, particularly if they work in Northern Virginia. Outside of the major Washington DC Metro area, though, these charges and a license suspension could still have a serious impact on you.
One of the conditions of a DUI charge is that you are expected to complete the Virginia Alcohol Safety Action Program (VASAP) in the nearest county court from your arrest. Fortunately, you can enroll in the program in VASAP and then transfer to a similar program in your home state, sparing you the travel expenses and time needed to commute to Virginia to complete your class. The VASAP sign-up fee in Virginia is $300, though your state’s fees may be higher.
A Reputation for Fighting—and Winning—DUI Cases in Virginia
Out-of-state drivers charged with DUI in Virginia need legal counsel they can trust to fight against a DUI conviction. Fairfax DUI attorney Eric Clingan is known for fighting cases successfully and helping drivers get back on the road with clear driving records. Call The NoVa Law Firm at (703) 352-9347, or contact us online today to begin clearing your name in Virginia.