Impact of a Virginia DUI Arrest
Getting arrested for a DUI offense can be an overwhelming experience, especially if you are a first time offender. The most immediate impact of a Virginia DUI arrest is administrative license suspension. If it is a first DUI offense, it is going to be for seven days. If it is for second or subsequent offense, it can be up to 60 days or until the matter reaches trial. You may find that you are going to have a hard time driving in the short-term once you have been arrested.
Long-term consequences include a criminal record and loss of license for at least a year, depending on whether it is a first or a second or subsequent offense. In addition, there is a stigma that goes along with having a criminal record, particularly having a record of conviction for DUI. If you have been arrested for operating a vehicle while intoxicated, a skilled attorney could attempt to mitigate the impact of your arrest, and fight for the best possible outcome for you.
Who Needs to Be Made Aware of a DUI Arrest?
In most cases, no one needs to be made aware of the arrest outside of people the defendant deems relevant. There is no requirement that an employer should be notified in case of an arrest. In some cases, a person may have a security clearance, which is important for lawyers to know. In many cases, a person will be required to report the offense to their employer, even if they have not yet been convicted. The main thing that a lawyer would want to know is if someone has an obligation to an employer, such as the federal government. Outside of that, no one needs to disclose that they have been charged.
How Employees Find Out About DUI Arrests
Most of the time, employers will not find out about a DUI arrest unless the defendant tells them. While DUIs are matters of public record and can be found out about on a court’s website, the reality is that most employers have no reason to look. The impact of a Virginia DUI arrest on a person’s career depends on whether the individual is applying for positions where they are supposed to disclose their criminal record.
That being said, most employers do not conduct routine criminal background checks. Some do, and if someone has an employer that routinely conducts criminal background checks, such as teachers or people employed by the federal government, it is important to understand what point during the year those checks might be done. Outside of that, they will have no reason to know. The court is not going to notify a person’s employer and law enforcement is not going to notify them either.
Making Insurance Companies Aware of a DUI Arrest
Insurance companies often find out when a person is convicted of any crime, including an arrest for a DUI. It is something that shows up on their driving record. Insurance companies have access to individual’s driving records. Once that becomes part of a person’s record, it is likely that the insurance company is going to find out.
In most cases, it is not necessary to tell them at all. They are going to find out on their own. Most insurance policies do not include any kind of requirement that a person reports a case. In most cases, it is going to make more sense to let them find out about it on their own. In some cases, people may get lucky and the insurance company never discovers it, because it is misreported or they failed to look for some reason.
Effects a Virginia DUI Arrest Can Have Out-of-State
If a person has a DUI on their record in Virginia, it may result in that person’s license being suspended. If someone’s license is being suspended in Virginia, no other state is going to issue that person a license. The impact of a Virginia DUI arrest can vary from state to state. It would be important to look from state to state to find out what that impact might be.
In instances where an out-of-state driver is arrested for a DUI in Virginia, sometimes a condition of bond is that the person is not allowed to leave the Commonwealth. That is a condition that lawyers can almost invariably get removed so that a person can travel home and be home while waiting for their case to come to trial.
Role of a Virginia DUI Attorney
There are a couple of important roles that attorneys play in minimizing the negative impact of a Virginia DUI arrest. The first one is in attempting to find effective defenses and strategies to either have the charge be dismissed or to have the charge be reduced. Beyond that, lawyers can provide guidance throughout the process to help defendants minimize the kind of impact they will experience outside of their case and give them advice about how to move forward once they have been convicted.