Virginia | DUI Law
Legal Question
2003 Dui Conviction in State of VA
2007 Conviction in NC (treated as first offense - they had no record of VA case)
2009 DUI just received
Will this be treated as third offense or second. How well does virginia do its homework?
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Legal Answer
Third offense, very likely since N. Carolina borders the Commonwealth and the two jurisidictions routinely share information on their respective licensed drivers.
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Attorney & Counsellor at Law 211 North Union Street Suite 100 Alexandria, 22314
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Legal Answer
There is no doubt the Virginia prosecutor will know about the N.C. conviction, because it would come up on a criminal background check (regardless of where it happened, since this does not depend on whether states share DMV information). However, in order for an out-of-state conviction to be counted as a prior offense for purposes of Virginia's repeat offender statutes, the prosecution must prove that the other state's laws are "substantially similar" to Virginia's DUI laws. Because of a few technicalities, North Carolina's DUI laws do not qualify as such. Therefore, the North Carolina conviction will not count as a prior and you cannot be convicted of the felony 3rd DUI w/in 10 years. You are looking at a 2nd in 10 at worst. A misdemeanor with some significant consequences (10 day mandatory jail time), but still better than a felony. The prosecution may threaten to charge you with a felony to extort a plea, but a good DUI lawyer will see that as an empty threat.
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The Sprano Law Firm, LLP 10623 Jones Street, Suite 301A Fairfax, VA 22030
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