Daily Archives: November 13, 2013

Consequences Of A DUI

Under the Driver’s License Compact, drivers arrested for drunk driving in a state other than their home state can still face criminal and administrative consequences. 45 states are currently members of this compact. The compact states that all member states will share information with a driver’s home state if arrested for DUI out of state. The only states that are currently not members of this compact are:

  1. Georgia
  2. Wisconsin
  3. Massachusetts
  4. Michigan
  5. Tennessee

For example, a driver who is arrested for DUI in Nevada but resides in California can still face the consequences of that DUI in their home state, not just in Nevada. The consequences include both criminal and administrative consequences, so the driver in this example scenario would not only face the possibility of license suspension for Nevada, but their California driver’s license can be suspended or revoked.

The Driver’s License Compact also states that in order for a driver’s home state to penalize the person for a traffic offense such as DUI, the home state must have a similar offense. For example, if a California driver was arrested for OVI (operating a vehicle while intoxicated), they could face the consequences of a DUI in California, since that is the correlating offense in the driver’s home state.

There are also some special agreements between states that border Canada, such as New York and Ontario or Quebec, Michigan and Ontario, Main and Quebec, and Florida even has an agreement to share driver’s license and traffic offense information with Quebec.

If you have been arrested for a drunk driving offense in another state, do not hesitate to contact an Orange County DUI lawyer at The Law Offices of Virginia L. Landry. Our firm has experience handling out of state DUI cases and you can trust our firm with yours.

How My Board Certification In Dui Defense Helps You

What is Board Certification and how can it help you? Attorney Virginia Landry has passed the rigorous examination to become Board Certified in DUI Defense with the National College of DUI Defense (NCDD). The NCDD offers Board Certification to set apart a different class of lawyer- lawyers who have demonstrated exceptional knowledge and ability in the field of drunk driving defense.

Since 1999, the NCDD has been certifying lawyers with the goal of informing the public as to which attorneys are specially qualified to handle the defense of these types of cases. Over the years, DUI has become increasingly more distinct from general criminal defense. While DUI is a criminal charge, it is a highly specialized field that deserves to be in its own class, which is why in 2003, the American Bar Association officially recognized DUI Defense Law as a specialty area of practice.

So, how does one become certified in DUI defense? According to the NCDD, each applicant must be able to pass a written and an oral exam. These exams focus on testing each attorney’s knowledge of this field. To be more specific, applicants are tested in not only the procedure of DUI arrests, DMV hearings and criminal hearings, but the science behind DUIs such as chemical breath, blood and urine testing.

Board Certification, should an attorney achieve this, is good for a period of five years. In addition to this, Board Certified attorneys must also continue in their practice of DUI defense by frequent involvement with these cases if they wish to keep this certification and/or renew after the five year timeframe is up. Not all attorneys are allowed to apply and take the examination. Only those who meet application requirements set forth by the NCDD.

There are six total application requirements that all attorneys who wish to be Board Certified must meet. These include:

  1. Substantial involvement
  2. Substantial experience
  3. Independent inquiry and review
  4. References
  5. Educational experience
  6. Current eligibility to practice law

Because Attorney Virginia Landry has met all six of these standards as well as passed the written and oral exams, you can be confident that in retaining this law firm for your case, you will be gaining an advocate who has 1) practiced in the field of DUI defense for at least five consecutive years and devoted at least half of her practice to DUI defense, 2) served as lead defense counsel in at least 15 DUI trials and 40 contested matters, 3) been recognized and recommended by legal peers, 4) completed significant educational training and 5) been admitted to practice law and currently in good standing with the bar.