Legal Question in DUI Law in Virginia

hubitual offender(3 dui's in 10 years)

1983,1993,1991 DWI's.1991 declared H.O.(hubitual offender) by courts.Pretition courts in 94',granted full restoration of license in 97'.In april of 99' he got a DWI while still having a full license. H.O. was done away in JULY of 99'.

However DMV(Department of motor vehicles) decided to administratively determine him to be an H.O. in april of 99' based on the following convictions 1999,1991,1990 DWI's

THE QUESTION: How can DMV use the same 1990 & 1991 DWI convictions again after the courts have used them? It seems to me when you get fully reinstated, the 10 year period should start again making the 1999 DWI the 1st conviction since his reinstatment.DOUBLE JEOPARDY?

I would like to know what should this person do.


Asked on 5/14/07, 5:22 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: hubitual offender(3 dui's in 10 years)

DMV is an administrative agency and rules which bind the courts do not necessarily apply to the doings of the DMV. There is no issue of double jeopardy here at all. If your friend was separately convicted of three DUI offenses in one 10 year period, i.e., 1990, 1991, and 1999, that's enough for the DMV to have declared him an Habitual Offender under their administrative rules and to sanction him, accordlingly. (The fact that the courts may have used one of the DUI convictions in 1991 to have this person under the prevailing law at that time declared an Habitual Offender, is irrelevant to the later DMV administrative determination which apparently was effected after the statutory Habitual Offender law was abolished.)

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Answered on 5/15/07, 11:28 am


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