Following a Virginia DUI arrest, a person might be unsure and scared of the potential impact and consequences of the DUI on their life. Hiring an experienced Virginia DUI attorney from the outset can help dispel some of the myths and rumors regarding the DUI, so that a person can focus on handling the case from a knowledgeable, experienced perspective. An individual will likely want to know how the DUI case will be resolved or what the possible resolutions are. They may wonder what they can do to prepare the case and help assist the attorney in making the best defense possible. All these things are questions that someone has initially after a DUI arrest and an attorney can help answer these questions.
In the short term, DUI arrests can have a significant impact on a person in a variety of ways. A person will typically lose their license for seven days pursuant to the Virginia administrative license suspension statute 46.2 – 391.2. Not having a license for seven days can be a problem, especially if a person has to travel regularly for work or has other obligations that involve driving.
In addition, the DUI arrest may have an impact on other collateral things. A person’s work may require disclosure of any arrest including a DUI. A person may want to work with an attorney and figure out whether or not that is required. In other places, a person can remain quiet until a conviction or even after a conviction—again, depending on the nature of that person’s employment.
Whether or not an employer is informed of a DUI arrest depends 100% on the nature of a person’s employment. While a person’s employer will not be sent a letter from the Sheriff’s Office, and a DUI arrest, in most circumstances, will not be front page news, there may be ways that an employer will find out, even if that person did not disclose it. This may include conducting a public record search, checking in the local papers under the crime or police reports, or simply doing a Google search of crimes in the local area. A person may want to talk to a DUI attorney about the possibility of an employer finding out about the arrest, and the potential resulting consequences.
Typically, a person’s insurance company will know about the arrest eventually, but they are not going to ask about it. Most insurance companies do not obligate a person in any form to tell them about any crimes or driving offenses, but always check the insurance policy. It depends with regards to the disclosure of activities and disclosure of criminal offenses, if an individual is required by the terms and conditions of the policy to notify them. More often than not, an individual is not required to tell them but they may find out during a periodic background check or driving record check if an individual is convicted of the offense. If an individual is simply charged with an offense, it is very unlikely that they will find out. If that matter is resolved without a conviction, it is even less likely that they will find out.
Depending on the state to which a person seeks to move and get a license, a DUI arrest may have an impact on one’s ability to get a license. One of the most common ways that DUIs may impact a license in another state is if an individual is seeking to move during the pendency of the DUI or move during the period of license suspension.
If an individual is visiting Virginia from another state or country and is seeking to return home after a DUI charge, that person will want to talk to an attorney about the terms and conditions of the recognizance bond. The terms and conditions of the recognizance paperwork will let a person know whether or not they may return home or whether they must stay in the Commonwealth of Virginia.
Typically, about half way down the paper with the title “Recognizance” at the top, there will be a box checked or not checked letting a person know that they can safely leave the Commonwealth, or must remain in the Commonwealth. That is typically the only restriction, unless there are special restrictions on travel in the paperwork. It is important to review it and then show it to an attorney so that they can review it and make a determination whether or not the individual can leave the country or state.
It is important to bring all the paperwork that a person received at the DUI arrest to the initial consultation. If an individual is concerned about whom to notify, they should check with the human resources employee handbook, human resources officer, or security officer depending on the nature of their employment. It may be out of the scope of the consultation of the DUI attorney to tell a person who they should or shouldn’t advise of the arrest. That is typically something that the attorney can help with, but that decision is ultimately the individual’s.
Northern Virginia Criminal Defense Group
