• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

dui in PA...ARD, live in VA, suspension?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

whess

Junior Member
PA/VA

I live in Va. Got first DUI in Pa and will likely get ARD with 30 day suspension. I contacted the VA DMV because for 1st offense here it is 1 year suspension if "convicted" of DUI. So I think my question boils down to: If placed into the ARD program, is that considered a "non-conviction" for a DUI? If so, is that definitely what they would tell the VA DMV?, that I was not convicted of a DUI and just have a 30 day license suspension? If they report that it is a conviction with 30 days suspended license, then VA would still give me 1 year suspension according to the DMV. Please help.....
 


corona_extra

Junior Member
Dont Mess Up

My situation is exactly same. Dont let VA DMV know about DUI. PA will only suspend driving privilege in PA for 30days and will not inform anything to VA DMV. You can drive in all states except PA during suspension. There is a clear note on one of the letters that PA will not share any information about driving licenses.
 

FlyingRon

Senior Member
Actually, VA I believe will hear about it. The problem is that it takes longer than your suspension to hear about it, so nothing happens in VA. PA's paperwork is the slowest I've ever seen.
 

whess

Junior Member
so after the 30 days suspension in PA is over I don't have to do anything special?
Can the DMV recieve notice of the conviction after the suspension and still possibly suspend mine for 1 year?
 

FlyingRon

Senior Member
PA can't suspend your VA license. All they do is put the fact that your right to drive in PA was suspended into the system. Virginia will suspend your license if you are suspended elsewhere and not reinstate it until you clear the suspension in the foreign state. I suspect they don't bother if the suspension has run by the time they hear of it...of course, knowing the revenue grabs in process, I wouldn't put it past them to make you pay the reinstatement fee anyhow.
 

whess

Junior Member
So does anyone know if ARD is considered a conviction, technically? I know it will show up as a Major Violation ARD-DUI on my record, but while I'm in the program (before it get's expunged), will it show up as a conviction? If ARD probation is for 1 year, then won't they have a whole year that they could send the info to the DMV and it would still be on the record, not expunged yet?
 

FlyingRon

Senior Member
If you successfully complete the ARD probation (and pay your fees to the your friends in pennsylvania) you won't have a conviction. It won't show up on your record searches except ones from when you subsequently arrested in Pennsylvania (i.e., they'll know you did ARD before so they can avoid offering it to you again).
 

whess

Junior Member
Thanks to everyone for the information. I guess the next step is to hire a lawyer in PA. I found one local for 900. Another for 1000. The one for 1000 said i should have no problems with VA suspension for a year. The 900 said he wasn't sure and should check with a VA lawyer. Who should i choose. (i liked the 1000 guy, he seemed nicer.)

I have also just sent in 100 to the DUI booking center for the chemical test (I'm assuming that's for the breathalizer). I didn't have blood work. They said i had to send the money 30 days before prelim hearing or i would forfeit ARD.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top