Legal Question in DUI Law in Virginia

Getting License Back after 2000 NH DUI, New to VA

While living in NH I received my first & only DUI in 2000, no other traffic offenses on my record. I was required to have an SR-22 for 3 years but after a year I could no longer afford it and just stopped driving and let my license expire. Now we moved to VA and I would like to drive again, will I need an SR-22 and will I have to retake the driver's test, also, I no longer have the paperwork from the court, will that be a problem? Thanks

Asked on 12/30/08, 7:55 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Getting License Back after 2000 NH DUI, New to VA

As long as your truthfully disclose all information required for the license application, the fact that you apparently no longer have the paperwork connected with your prior DUI conviction in New Hampshire should present no problem.

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Answered on 12/30/08, 9:37 am
Jonathon Moseley Moseley & Associates Law Firm

Re: Getting License Back after 2000 NH DUI, New to VA

Well the first question that is involved is what, if anything, New Hampshire will report on your driving record.

Under VA law, a DWI in VA would still be reported on your record after 9 years (I think it is 11 total). But the question is what will NH report under NH law?

So you might request a copy of your driving record from NH and see what it says.

Normally, when you change a driver's license to VA you have to surrender your driver's license from another State. Since you don't have one, you might not need to tell them anything about NH. I don't remember what the application form asks from Virginia. You should tell the truth, but if they only ask whether you have another driver's license NOW than you might nto need to go into those details in NH.

The other question I have is when you say you could no longer afford an SR-22 and you let your license expire. Are you saying the license was SUSPENDED for not having insurance? if NH administratively suspended or revoked your license, that could be a problem as well you have to look into. Again, you need to know what NH is reporting on your driver's license (not from your memory or what you think, but what they actually have on record). If VA asks NH, what will NH tell them?

Now, you might have an entirely different experience getting insurance. You MUST have a car registered in Virginia covered by insurance. And the insurance company might look more closely than the DMV does.

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Answered on 12/30/08, 10:27 am

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