DUI/ Refusal
If I have a South Carolina license, will i lose my driving privleges in all states or just VA, due to me failing a breathlizer test. And being that I refused, will the court be able to drop either the refusal or the dui, or will i have to accept both penalties. I just recieved a job offer teaching in hampton on the same day as my charge, and i'm wondering how this will affect my fbi fingerprintin, as well as rather the dui will affect my new job as a teacher that starts next term. my court date is 4-17-07 and will this be enough time to get one of the other dropped??
1 Answer from Attorneys
Re: DUI/ Refusal
Your question is confusing since you begin by stating that you failed the breathelyzer test and then go on to say that you refused (the test?) The Commonwealth can try you on your refusal to take a breathelyzer (or blood) test(See Va. Code Sec. 18.2-268.4)as well as the DUI (see Va. Code Sec. 18.2-266.) These are separate charges so there's no double jeopardy involved. However, unless the cop cruiser caught you on its video cam
behaving drunkenly, chances are the prosecutor will settle for a civil conviction(if you're a first time offender) for the refusal and the court will then suspend your drivimg privilege in the Commonwealth for 12 months and, perhaps, impose a fine.
And, since S. Carolina is a member of the Interstate Drivers' Compact to which Virginia also belongs, in due course the DMV authorities in the former state will likely also be notified of your refusal conviction.
It's unlikely that any information regarding this matter will make it into
the FBI's database any time soon and almost certainly not before you begin teaching in the next term.
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