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I’m From Another State and Got a DUI in Virginia. Now What?

A police officer examining a woman's driver's license

Different State, Similar Consequences

A DUI arrest already adds a layer of stress to your life. That stress is multiplied greatly when you get charged with DUI in one state but are a resident of a different state. If you are from another state but get arrested for a DUI while driving through Virginia, there are certain things that you must know in order to best proceed.

DUI Requirements

As is the case in many states, Virginia police officers can charge you with a DUI if you have a blood-alcohol content of 0.08% or higher. You can also face these charges if you are driving while under the influence of alcohol or another drug and are demonstrating clearly impaired capabilities.

Court Hearings

If you are charged with DUI while in Virginia but are from another state, your court hearings will all take place in Virginia. Your case is not transferred to your home state. Depending on the type of hearing you have, it is possible that your lawyer can attend on your behalf.

Driver’s License

The police are not allowed to seize your driver’s license if you are not from Virginia. You can, however, face restrictions to your driving privileges while in Virginia if you are convicted of the charges.


Regardless of where you are from, if you are charged with a DUI in Virginia, you may face a fine. This fine may vary depending on the severity of your case and can range from $250 to $2500.

Safety Programs

Depending on the severity of your case, you may be ordered to attend Virginia-specific safety training programs.

Resident State Consequences

If you are charged with a DUI while in Virginia but are from another state, then Virginia will notify your home state of the charges and potential conviction and consequences. Virginia, like many other states, is a member of the Driver License Compact, an agreement between states to communicate traffic offenses and license suspensions. Because of this, you may face similar consequences in your home state as well as in Virginia.

Speak With An Attorney

If you are facing a DUI charge in Virginia but are from out-of-state, speak with an attorney with the experience necessary to handle your case. At Tillotson & Martin, LLC, we wrote the book on Virginia DUI laws and know how to help you with your charges.

Call us today at (757) 568-7978 to get started with a consultation.