Moving to Another State After a DUI Charge

[zerox]

My question involves criminal law for the state of: Virginia.

Pulled over for DUI last night, 0.12, first offense. While I have a few issues with the tests that were given, that's for my lawyer to decide once I find one to retain. That said, we've been planning on moving out of the area at the end of October. Virginia's new DUI laws require all first-time offenders to get a breath system on their vehicle and a mandatory 1-year license suspension. Would moving out of the area prior to my court date and getting a license in another state negate the breath system requirement if it isn't a requirement in the state I'm moving to? Or would I still be required to install and maintain the system even if I'm not planning on returning to Virginia?

The systems aren't cheap to install and the monthly fees are a bit absurd, and I'd like to avoid the situation if at all possible. It looks like Virginia is the only state to have this mandatory for any first-time DUI offense.

[That Guy]

My question involves criminal law for the state of: Virginia.

Pulled over for DUI last night, 0.12, first offense. While I have a few issues with the tests that were given, that's for my lawyer to decide once I find one to retain. That said, we've been planning on moving out of the area at the end of October. Virginia's new DUI laws require all first-time offenders to get a breath system on their vehicle and a mandatory 1-year license suspension. Would moving out of the area prior to my court date and getting a license in another state negate the breath system requirement if it isn't a requirement in the state I'm moving to? Or would I still be required to install and maintain the system even if I'm not planning on returning to Virginia?

You're not likely to escape the requirement that Virginia has enacted into law simply by moving to another state. You were under VA court jurisdiction at the time you committed the offense and that will not change if you up and move away after the fact. Obviously, the mandatory one year suspension will still be in effect regardless of which state your licensed in, and once your privilege to drive is suspended in VA it would follow that it is also suspended in any other state as per the DLC and or NRVC requirements. Similarly, any additional requirements set by VA will have to be completed by you otherwise, the status of your license and a warrant can be issued for your arrest regardless of which state you decide to move to. Of course your attorney may be aware of other options.

The systems aren't cheap to install and the monthly fees are a bit absurd, and I'd like to avoid the situation if at all possible.

Sorry but that was something to think about before the fact... No one would ever assume that a DUI conviction comes as part of a reasonable expense.

It looks like Virginia is the only state to have this mandatory for any first-time DUI offense.

Well, according to this article, VA will join 15 other states who have already enacted similar requirements!!! Whether that is true or which states those might be, you'll have to look into that on your own.