If someone is charged with a DUI and they do not have a license, they will face the additional charge of driving without an operator’s license or driving on a suspended license depending on the circumstance of the case. It is a separate misdemeanor offense, so it does make it more serious. It is a separate traffic charge on top of the DUI, but it is something that could exacerbate DUI consequences. Driving without a license and receiving a DUI charge in Chantilly absolutely could be an exacerbating or aggravating factor in someone’s DUI case, requiring the help of a skilled DUI attorney to build a defense.
It is going to be a different case of driving without a license and getting a DUI charge in Chantilly than if somewhere were to get a DUI while driving on a suspended license. If someone gets a DUI while they are driving on a suspended license, it is much more serious than if they get a DUI when they do not have their operator’s license.
For example, driving on a suspended license would potentially carry more jail time. If someone is driving on a revoked license, that is going to cost them many issues with the prosecutor, and they are going to sentence them much more harshly.
Unlicensed and suspended driving DUI charges are going to be heard at the same time if they are coming out of the same incident. If that one traffic stop results in both charges, they are going to be heard at the same time.
Someone can get a DUI if they were not actually even driving their car without a license in Chantilly. Driving, for the purposes of a DUI statute, is actually driving or operating, which has been developed and decided by case law in Virginia. If someone is caught and there is evidence that they were driving at some point prior to the moment that the police came in contact with them, or if they are found in the car with the engine running, if they are found in the car with the engine off but the keys in the ignition turned to on, all of those things have been found to be operating a motor vehicle, and subsequently could result in a conviction for a DUI under the statute.
They may be arrested, charged and convicted of a DUI while driving on a public highway, or roadway, or on private property. Being arrested for this happens frequently. It happens extremely frequently where people get home and fall asleep in their vehicle in their own driveway and then are subsequently arrested for DUI, or where people are in a parking lot and are subsequently pulled over and arrested for a DUI. Law enforcement patrols areas where DUI’s are frequent. If there is a well-known bar or restaurant, officers will probably be there at certain times at night just watching the parking lot to see who comes out and to observe the driving behavior of the people.
If there is enough evidence that there is probable cause that if the passenger was driving a vehicle, it is certainly a possibility that the officer can charge that individual with a DUI, but it can be contested with the help of an attorney. Driving without a license DUI charges are very often contested in Chantilly’s Court. The prosecution must prove it beyond a reasonable doubt in order to convict someone of DUI, and skilled attorneys are often able to contest these accusations.