Out of State DUI
SERVING HAMPTON ROADS & THE SURROUNDING AREAS
Out-of-State DUI Defense Attorney
Our DUI Lawyer Defends Clients from Out of Hampton Roads
Were you visiting Hampton Roads and were pulled over, arrested and charged with DUI? There are significant problems associated with living in another state and facing DUI charges. You may be forced to travel back and forth in order to defend yourself in court. To avoid this, we urge you to contact our Hampton Roads DUI attorney immediately.
The Law Office of Shawn M. Cline, PC is highly qualified to protect you from the penalties that will be imposed upon you in your home state if convicted here. Shawn M. Cline is a former active duty Judge Advocate General's Corps officer, and has served as both the prosecutor and defense counsel in military court - the toughest courts in the nation.
With an exceptional level of commitment and great insight into the inner workings of the criminal justice system, we are prepared to protect you and fight for a positive outcome.
Reach out at (757) 209-2328 for a comprehensive legal consultation. Our out-of-state DUI defense attorney in Hampton Roads can help you navigate the complexities of your case.
Penalties for Out-of-State DUI in Hampton Roads
Our state participates in the nationwide Driver License Compact, a compact in which information is exchanged inter-state when traffic offenses such as DUI take place. You will be required to serve the penalties for a DUI conviction once you return to your home state if you are not successfully defended.
Penalties in Hampton Roads may vary depending on the circumstances:
First-time DUI offense
This has penalties ranging from a $250 minimum fine, driver's license suspension for 1 year following an administrative license suspension for 7 days with the possibility of obtaining a restricted license, possible attendance of an Alcohol Safety Action Program, and the requirement to install an ignition interlock device in any vehicle you drive, and possibly payment of any court-ordered restitution.
Second-time DUI offense
This includes fines ranging from $500 to $2,500, and a mandatory minimum of 10 days in jail. Your license will be suspended for 3 years, though you may apply for a restricted license after 6 months. The court may also order the impoundment of your vehicle for up to 90 days.
Third-time DUI offense
Fines generally range from $1,000 to $2,500, and you face a mandatory minimum of 6 months to up to 5 years in jail, with the possibility of a longer sentence if the offenses occurred within 10 years of each other. Your driver’s license will be suspended indefinitely, with potential reinstatement after 3 years under certain conditions.
Aggravating Factors on DUI Charges
Elevated BAC: If you present a BAC of 0.15% or higher, additional penalties may apply, including mandatory ignition interlock installation and potentially higher fines and jail time.
DUI with Child Passenger: Enhanced penalties if a child under 18 was in the vehicle at the time of the offense, including additional fines and potential mandatory jail time.
DUI Causing Injury or Death: DUI resulting in serious injury or death may be charged as a felony, with significantly increased penalties including prison time, higher fines, and long-term driver’s license revocation.
Legal Procedures Involved in Handling DUI Cases for Out-Of-State Residents
Handling DUI cases for residents out of Hampton Roads involves several specific legal procedures and considerations. This is what you can expect:
Arrest Process: Following a DUI arrest, you will be booked, which includes recording personal information, fingerprinting, and photographing. You may need to post bail to be released until your court appearance.
Legal Representation: Our out-of-state DUI defense attorney, who can provide immediate legal advice and represent you throughout the process, including managing court appearances, negotiating plea deals, and building your defense.
Review of Evidence: Our team will review police reports, field sobriety tests, breathalyzer results, and any other evidence. We will determine if this was improperly obtained or if there were issues with testing procedures.
Developing a Defense: Common defenses include challenging the legality of the traffic stop, questioning the accuracy of tests, or arguing procedural errors. Also, we will collect and present evidence and testimony from witnesses who may support your case or contradict the prosecution’s claims.
Plea Bargaining: We negotiate with the prosecution to reduce charges or seek alternative sentencing. Assess any plea deals offered to determine if they are favorable compared to the potential outcome of a trial.
Trial Preparation: We can file motions to suppress evidence or dismiss charges if applicable. If necessary, we will prepare for trial by organizing evidence, witness lists, and legal arguments.
Our out-of-state DUI defense attorney’s ability to represent you in court helps to reduce the need for repeated travel, saving you from travel expenses.
Get a Free Consultation for Your Out-of-State DUI Case
Hiring a Virginia Beach DUI attorney to manage every detail of your case could allow you to avoid coming back to the area to appear at trial. Our attorney will evaluate the facts in your case to determine if it is possible to get the charges dismissed, so you don't need to worry about the consequences.
We can establish if your rights were violated in any way or if the arresting officer did not follow correct procedure. We can also determine if your field sobriety, breath, or blood test results could be successfully challenged. In many cases, there have been significant errors in test administration.
If you want a top-quality Hampton Roads out-of-state DUI defense lawyer on your side, call now at (757) 209-2328 or contact us online today for a free consultation.
