Consequences Of An Out-Of-State DWI / DUI Conviction

If you were charged in the same state you are licensed in, please click here to view your state’s consequences. If you were charged in a different state than the state you are licensed in, please see below.

Use the drop-down menu below to review the drunk driving penalties for an out-of-state conviction from both the state you were charged in and your home state.

NOTE: This information is not intended to be relied upon as legal advice. If you are aware of any additions or deletions required to the information below, please email any corrections to evanlevow@dwi-nj.com. Copyright © 2013-2015 by Evan M. Levow. All rights reserved. This tool or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the publisher. For permission requests, write to the email above.

The penalties for a DWI / DUI conviction in Virginia are:

When VA reports the conviction to Maryland, Maryland will do the following:

You should consult with Maryland counsel for the exact effects of the conviction.

Virginia

1st Offense

  • Guilty of Class 1 misdemeanor
  • $250 mandatory minimum fine
  • 1 year license suspension
  • 0.15 – 0.20, then additional 5 day mandatory minimum jail time
  • 0.20+, then additional 10 day mandatory minimum jail time

2nd Offense within 5 years

  • $500 mandatory minimum fine
  • 3 year license suspension
  • Between 1 month and 1 year confinement in jail; 20 days are mandatory

2nd Offense within 10 years

  • $500 mandatory minimum fine
  • Minimum 1 month confinement in jail; 10 days are mandatory
  • 3 year license suspension
  • 0.15 – 0.20, then additional 10 day mandatory minimum jail time and minimum $500 fine
  • 0.20+, then additional 20 day mandatory minimum jail time and minimum $500 fine

3rd Offense within 10 years

  • Guilty of a Class 6 felony
  • 90 day mandatory minimum confinement unless 3rd within 5 years, then 6 month mandatory minimum
  • $1,000 fine
  • Licensed revoked

4th or Subsequent within 10 years

  • 1 year mandatory minimum confinement
  • $1,000 mandatory minimum fine
  • Probation for the term of license suspension not to exceed 3 years
  • License revoked

Ignition Interlock Device (IID) Penalties

VA ST § 18.2‐270. Penalty for driving while intoxicated; subsequent offense; prior conviction

VA ST § 18.2‐271. Forfeiture of driver's license for driving while intoxicated

VA ST § 46.2‐391. Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege

RESULT OF REFUSAL

1st Violation

  • Civil Offense
  • License suspension for 1 year

2nd Violation within 10 years

  • Criminal Offense
  • Class 2 Misdemeanor
  • 3 year license suspension

3rd Violation within 10 years

  • Criminal Offense
  • Class 1 Misdemeanor
  • 3 year license suspension

VA ST § 18.2‐268.3. Refusal of tests; penalties; procedures

Maryland

If you are convicted of DUI/DWI in another state, there is potential revocation by Maryland, subject to modification if a hearing is requested for interlock, work, education, or medical restricted driving.

Maryland will not take action if you refuse the breathalyzer in another state.

When a Maryland resident is convicted of a DUI in another state, and requests a hearing to avoid a potential revocation, an Administrative Law Judge (ALJ) has discretion to impose any sanction ranging from revocation down to a reprimand or warning.  However, if the ALJ imposes a sanction, allowing restricted driving privileges such as a for work, education, an alcohol restriction, or an interlock restriction, and the driver needs to have the MVA issue a new driver's license, THE MVA WILL NOT ISSUE A LICENSE TO A PERSON WHILE THE PERSON'S DRIVING PRIVILEGES ARE SUSPENDED OR REVOKED IN ANOTHER JURISDICTION.  Thus it is important to try to schedule the hearing after any suspensions or revocations imposed in the state where the DUI occurred have ended.

Hardship License
Maryland allows hardship licenses immediately for out‐of‐state convictions; no hard suspension required.

Monetary Assessments
No separate monetary assessments.

Insurance Issues
Insurance companies set their own rates and policies.

Other

All offenders are expected to get an assessment and attend an appropriate level of alcohol education and/or treatment.

  • Ranges from 12 hour education class to 26 week outpatient treatment programs, 48 hour interventions for 2nd Offenders, 28 day or longer in‐patient treatment program for 3rd or subsequent offenders.

Upon notice of conviction under the compact, Maryland shall treat the Dui as if it had occurred in the home state.

MD Trans § 16‐703. Driver License Compact