Q about out-of-state dui

[EllieO]

What is the name of your state?What is the name of your state? VA

Last month, I got a DUI while on vacation in NC (BAC = .08 - legal limit!) My NC attorney tells me that when and if VA DMV finds out, my license may be revoked in VA, but I may get a limited use permit. Is this true, and how does a limited use permit usually work for a single mom who is always running kids around, etc.

[JETX]

Originally Posted by EllieO

Last month, I got a DUI while on vacation in NC (BAC = .08 - legal limit!) My NC attorney tells me that when and if VA DMV finds out, my license may be revoked in VA, but I may get a limited use permit. Is this true, and how does a limited use permit usually work for a single mom who is always running kids around, etc.

From a DUI website about VA restrictions:
"Restricted License:
If you are convicted of a DWI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often:

* Driving to and from VASAP (Alcohol Safety Action Program)
* Driving to and from work
* Driving during work hours with proper agendas
* Driving to and from school
* Driving to and from medical treatment

Some judges in northern Virginia do not allow the issuance of a restricted license until 30 days from the conviction date."
[url]http://www.dui.com/states/virginia/[/url]

[EllieO]

Yes, but when I'm convicted, it will be in NC, not VA. I understand that NC will revoke my license, because that is where I was arrested. But is it certain that Virginia will? And again, given the many duties a single mom carries out, how would they interpret the correct use of a restricted license?

[sb54]

The validity of the officers equipment used to measure your alcohol level was not challenged in court?

[JETX]

Originally Posted by EllieO

Yes, but when I'm convicted, it will be in NC, not VA. I understand that NC will revoke my license, because that is where I was arrested. But is it certain that Virginia will?

Yep. Per the 'Drivers License Compact', Virginia will be notified of your DUI in NC and you will be subject to the same process as if the violation happened in VA.

"The Drivers License Compact require member states to report tickets received by motorist to the state where they received a license to drive so as to receive points and get an insurance hike. Also when a state suspends the license of a driver who is from out-of-state, the state where the motorist received a license to drive will also suspend their license as well."
[url]http://home.pcisys.net/~bpc/auto_law/dlc.html[/url]

And again, given the many duties a single mom carries out, how would they interpret the correct use of a restricted license?

Possible restrictions of to/from school only, etc.