DUI in another state -- transfer license before trial?

[zxx]

What is the name of your state (only U.S. law)? VA

I'm currently a resident of Virginia, but will be moving out of state to Arizona before my trial. While I have serious doubts as to the evidence of the officer (I was leaving work at the time I was pulled over, and cannot be drunk at work, and have co-workers to verify this, as an example), I'd like to "prepare for the worst and hope for the best".

Since I will not have a DUI conviction when I move, I will have the ability to obtain an Arizona license when I arrive, before flying back for my court date. I'm trying to determine if this would be a good idea or not.

Virginia appears to typically waive any jail time for first-time DUI offenses, whereas Arizona requires 24 hours minimum. As well, Virginia appears to require 6 months ASAP and installation of an intoxilyzer device, whereas Arizona is 1 year.

If I am convicted in Virginia with an Arizona license, would I be required to submit to Virginia's requirements, or Arizona's? I'm trying to avoid any jail time, obviously, but the intoxilyzer requirement is also a big one. In addition, would I be required to calibrate in Virginia once a month, or would that typically be transferred to Arizona? Thats' a 2,500 mile drive that I surely don't want to make monthly.

 

[sandyclaus]

...I have serious doubts as to the evidence of the officer (I was leaving work at the time I was pulled over, and cannot be drunk at work, and have co-workers to verify this, as an example), I'd like to "prepare for the worst and hope for the best"...

What do you mean, you have doubts as to the office's evidence? You claim to have been leaving work at the time you were stopped, and say you can't be drunk at work, but you NEVER said you weren't drinking at all. One CAN drink to the point where you would be considered legally intoxicated for a DUI charge, but still not appear or act like they are actually drunk.

So, were you drinking or not?

 

[zxx]

I didn't elaborate specifically on that part because it wasn't the reason for my post. However, to be specific -- I run sound for events, weddings, and bands. I had a double Rum and Coke that night, around 12:30, and that was it. My tab was $8 and I even kept the receipt (not that it's in any way useful to my case since there's no way to cross-examine a receipt). Above all, my interaction with the police was at 4:45 AM, after running sound all night, loading equipment into the trailer (which takes about two hours), dropping off the trailer, and in the process of driving home. Mathematically, according to various online sites I've examined, I'd have to have a BAC of over 0.24 by the end of the band's set (bars in Virginia can't serve after 1:30 AM, so all music stops then as well) -- and there's no way I could operate our equipment with an 0.24, much less load it out. We run a digital mixer and utilize two laptops and a remote setup via iPad, and I'm responsible for monitoring 15 point sources, plus running lights.

Anyway, the main thing I'm worried about is whether to get my AZ license when I arrive in the state, or to keep my VA license until after my court date. AZ has a mandatory jail time for any first-time DUI whereas Virginia doesn't appear to. If I'd be subject to AZ's laws if I have an AZ license, even though it was in VA, and that would entail mandatory jail time, I'd rather wait to get my license transferred. If, on the other hand, that isn't the case, I'd rather transfer my license to AZ before the case, which means no issues flying back to AZ (due to a confiscated ID).

 

[OHRoadwarrior]

It appears from perusing the AZ DL app, you will need to perjure yourself to obtain a license, which is another crime itself. It asks if you have ever had your license suspended, when and why. You received an ALS suspension at the time you were cited for a dui. I'm sure they will jump on this issue at the DMV. Here is the actual statute that would be applied. I suspect they will disqualify you under section 11.

11. A license to a person if the department has good cause to believe that the operation of a motor vehicle on the highways by the person would threaten the public safety or welfare.

http://law.onecle.com/arizona/transportation/28-3153.html

 

[zxx]

Wouldn't the appropriate response to that question be "I have had my license administratively suspended in the past but have not been found guilty of the charge brought forward against me" or something similar?

 

[OHRoadwarrior]

If you look at this link to the AZ app, it requests the state, dates and reason for prior suspension.


http://mvd.azdot.gov/mvd/formsandpub/viewPDF.asp?lngProductKey=1238&lngFormInfoKey=1238

 

[zxx]

I guess I'll need to ask them about that in person when I get there. However, I still don't know whether I should even try because I'm not confident about the consequences of doing so. Assuming I can complete the license transfer, would that mean I would be subject to AZ's DUI laws if I am found guilty (which would ensure mandatory minimum jail time), or would I still be held to VA's requirements since my license at the time was VA and the offense happened in VA?

My big concern is that if I have a VA license, I'll be required to attend VA's alcohol program, which realistically cannot happen as I will be 2,500 miles away. And if I have an AZ license, my big concern is that I'll be subject to Arizona's harsher minimum sentencing guidelines.

 

[Zigner]

You will be subject to the Virginia requirements.

 

[justalayman]

If you work in Arizona, you are required to obtain an Arizona license immediately. Are you going to work in Arizona? Failure to obtain a license when required means you would be driving without a valid license from that point on.


as to the penalties; since the crime was committed when you were a resident of VA, it should not allow Arizona to penalize you as if you were a resident of AZ at the time of the crime. They can still honor VA's suspension though. Since both states are members of the interstate driver's license compact they do have a means to exchange information.

My big concern is that if I have a VA license, I'll be required to attend VA's alcohol program,

actually where you have your license will not prevent that. VA has the right to impose such a penalty on anybody convicted in VA.

 

[zxx]

Well, that's good to know; I'm hoping nobody can provide evidence to the contrary.

Another reason I would like to get my AZ license ASAP is because it's my understanding that VA can physically take my license at the court date until I have it reinstated with a restricted one at DMV. VA doesn't issue licenses at the DMV; they are mailed. I need to catch a flight back to AZ the night of my court date; if they take my ID, I've got to deal with the additional hassles at the airport. If they can't take an AZ ID, at least that's one less problem to deal with.

 

[Zigner]

Well, that's good to know; I'm hoping nobody can provide evidence to the contrary.

Another reason I would like to get my AZ license ASAP is because it's my understanding that VA can physically take my license at the court date until I have it reinstated with a restricted one at DMV. VA doesn't issue licenses at the DMV; they are mailed. I need to catch a flight back to AZ the night of my court date; if they take my ID, I've got to deal with the additional hassles at the airport. If they can't take an AZ ID, at least that's one less problem to deal with.

You can't get an Arizona license without lying on the application...

 

[zxx]

You can't get an Arizona license without lying on the application...

Are you confident about this?

I spoke to a lawyer in AZ about this and her advice, at least over the phone, was that an "administrative suspension" is not the same as a legal license suspension, and that your license cannot be considered suspended if you have not been found guilty of the actual crime you're accused of. I don't know if this is different on a state-by-state basis, but I emailed my lawyer here to ask what his opinion/interpretation would be.

I suppose the definitive rule check would be to call AZ MVD and ask outright.

 

[davew128]

if they take my ID, I've got to deal with the additional hassles at the airport.

Ever heard of a PASSPORT?

 

[Zigner]

Ever heard of a PASSPORT?

I had the same thought earlier - but then again, not everyone has one. I only recently got mine.

 

[OHRoadwarrior]

Are you confident about this?

I spoke to a lawyer in AZ about this and her advice, at least over the phone, was that an "administrative suspension" is not the same as a legal license suspension, and that your license cannot be considered suspended if you have not been found guilty of the actual crime you're accused of. I don't know if this is different on a state-by-state basis, but I emailed my lawyer here to ask what his opinion/interpretation would be.

I suppose the definitive rule check would be to call AZ MVD and ask outright.

I have already provided you with the state law and the drivers license application links. If you are not smart enough to follow them and read them, we cannot help you.