Hampton Roads DUI Charges for Out of State Drivers

There are some differences in the laws and evidentiary standards in cases involving Hampton Roads DUI charges for out of state drivers. If an individual is from out-of-state and they are convicted of a driving under the influence in Virginia, more than likely their conviction will be reported to their home state and they will be subject to license suspension from their home state.

A DUI attorney with knowledge and understanding of out of state cases can help you prepare an argument that supports your rights and reputation as a visitor. Speak with a lawyer as soon as possible to begin creating your defense.

Understanding Hampton Roads DUI Law

DUI laws can differ based on state and the jurisdictions within a state. Therefore, standards often differ when it comes to the breath test and whether or not that is appropriate evidence in cases involving driving under the influence charges for out of state drivers.

If someone’s breath test comes back as over 0.08 in a DUI arrest case, it is a rebuttable presumption that the individual was driving under the influence. In some states, it is not a rebuttal presumption; it is taken as fact that that is what the individual’s blood alcohol level was at the time of the offense.

What is the National Driver Registry?

When facing Hampton Roads driving under the influenc charges for out of state drivers, it can be critical to understand the national impact this case may have on one’s license. The National Driver Registry is a database kept with the National Highway Traffic Safety Administration (“NHTSA”) that contains information about drivers. States will report to the NDR if an individual’s driver’s license has been revoked or suspended. When an officer pulls over an individual, they can quickly get back information on a driver as to whether or not they are licensed to drive.

Treatment of Out of State Drivers

If someone is facing Hampton Roads DUI charges for out of state drivers and the Commonwealth wishes to use convictions from other states, they bear the burden of showing that there is a substantial similarity. They must also show what the individual was convicted of in that state would result in a conviction in Virginia.

If the individual was convicted of a crime that is not clearly analogous to Virginia’s DUI law, it is less likely that they would be able use that to turn a first offense DUI into a second offense DUI. They are still able to bring that up at sentencing should they find the individual guilty, but it is preferable for them to use those as predicate offenses.

Seeking Help from an Attorney

Speaking with an attorney about Hampton Roads DUI charges for out of state drivers could be beneficial for the potential outcome of one’s case. They are familiar with Virginia’s DUI laws, familiar with fact-specific jurisdictions, prosecutors, and their position towards DUI cases. They would be able to help an individual go through the evidence and make the best possible decisions.