What are the penalties of getting a DUI in Virginia?
Driving under the influence (DUI) is a serious crime in Virginia. It occurs when an individual operates a vehicle while under the influence of alcohol or drugs, a combination of alcohol and drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. The consequences of a DUI in Virginia can be severe and long-lasting, and it’s important for individuals to understand their rights and options if they are facing a DUI charge. If you are facing a DUI charge in Virginia, it is crucial that you seek the help of a qualified traffic defense lawyer as soon as possible. When facing a DUI in Virginia it’s important to have an experienced and knowledgeable professional on your side to help you navigate the legal system, protect your rights, and fight for the best possible outcome.
What happens when you get your first DUI in Virginia?
First-time DUI offenders in Virginia face a range of legal consequences upon conviction. These consequences may include a fine of up to $2500 ($250 is a mandatory minimum fine for a first-offense DUI conviction), up to one year in jail, and a license suspension of one year.
In addition to these legal penalties, first-time offenders may also be required to attend and complete an alcohol safety education program (“ASAP”). Another consequence of conviction on a DUI charge in Virginia is the potential installation of an ignition interlock device (at the offender’s expense). This device requires the driver to blow into a breathalyzer in order to start their vehicle, and is meant to prevent future instances of drunk driving. The interlock device, when ordered, is required for a period from six months up to one year.
Although those convicted of a first-offense DUI can obtain a restricted driver’s license during their period of suspension, it (as the name indicates) limits the circumstances of how you can drive during the 12-month suspension.
What happens if I am charged with an elevated blood alcohol content (BAC)?
The Code of Virginia imposes more severe penalties for first-offense DUI whenever the blood alcohol content (BAC) of the driver or operator is equal to or greater than 0.15 g/210 L of breath. For BAC ranging between 0.15 and 0.20, the offense carries a mandatory minimum period of incarceration of 5 days in jail — meaning that the judge may not suspend the 5-day sentence. For a BAC above 0.20, there is a mandatory minimum period of incarceration of 10 days in jail. A higher BAC may be perceived by the Commonwealth’s Attorney (prosecutor) and/or the judge as an aggravating factor, which makes it particularly important to present your best case, before trial to the prosecutor and at trial (if necessary) to the judge.
What are the penalties for a repeat DUI in Virginia?
Repeat DUI offenders in Virginia face even stricter consequences. Penalties for a conviction for second offense DUI include a mandatory minimum fine of $500, a total fine of up to $2500, up to one year in jail, and a license suspension for three years. A second offense within 5 years of a previous DUI carries a 20-day mandatory minimum period of incarceration. A second offense within 10 years of a previous DUI carries a 10-day mandatory minimum period of incarceration.
In addition to these penalties, repeat offenders may also be required to attend an alcohol safety action program (“ASAP”). Like first-time offenders, repeat DUI offenders may also be required to install an ignition interlock device at their own expense. Those convicted of a 2nd offense DUI must wait 4 months to apply for a restricted license if it’s a 2nd offense within 10 years, and must wait for a full year before applying for a restricted license if it’s a 2nd offense within 5 years.
A third offense DUI within 10 years of two prior DUIs is punished as a class 6 felony. It carries a mandatory minimum period of incarceration of 90 days. If the 3rd offense is within 5 years of the two previous DUIs, the mandatory minimum period of incarceration is 6 months. The sentence, by statute, can be up to 5 years in prison. All felony DUIs carry a $1000 mandatory minimum fine and indefinite revocation of one’s driver’s license in the Commonwealth of Virginia.
A fourth offense DUI within 10 years, or any DUI after a previous felony DUI, is also a class 6 felony with a mandatory minimum fine of $1,000, but it carries a mandatory minimum period of incarceration of one year.
It’s important to note that these consequences can be even more severe if an individual is charged with a DUI while driving with a minor in the vehicle, if the individual causes an accident while driving under the influence, or if the individual has a particularly high BAC. Virginia typically has a “lookback” period of ten years, which means that any prior DUIs within the past decade can be taken into consideration when determining consequences for a current DUI charge. The exception is when you have a previous felony DUI conviction, in which case the Code of Virginia can look back indefinitely.
In addition to these legal consequences, a DUI charge can also have significant personal and professional consequences. It may create difficulties in finding employment or obtaining housing, and insurance premiums may increase significantly.
How do you beat a DUI in Virginia?
When searching for a DUI lawyer in Richmond, VA, it’s important to choose an experienced and reputable professional. An experienced DUI attorney will be familiar with the culture of the local court system and prosecutors, and will be best able to help you navigate the legal process. They will also be able to give you honest and realistic advice on the best strategies for your particular case and work towards obtaining the best possible outcome.
As a former prosecutor with extensive experience in all types of DUI trials, David G. Parker has a unique perspective on both sides of the courtroom and is dedicated to achieving the best possible outcome for his clients. He has tried numerous DUI cases both to judges and juries. He truly cares about the outcome of your case and will work tirelessly to defend you in court. Don’t face a DUI in Virginia charge alone – contact DUI defense lawyer David G. Parker today to get the legal representation you deserve.
First-time DUI offenders in Virginia face a range of legal consequences. These may include:
- A fine of up to $2500, including a $250 mandatory minimum fine
- Up to one year in jail
- License suspension for one year
- Attendance at an alcohol safety education program (“ASAP”)
- Installation of an ignition interlock device (at the offender’s expense)
Repeat DUI offenders in Virginia face even stricter consequences. These may include:
- A mandatory minimum fine of $500 (2nd) or $1000 (3rd or subsequent)
- Mandatory minimum periods of incarceration
- License suspension for three years (2nd) or indefinite (3rd or subsequent)
- Attendance at an alcohol safety action program (“ASAP”)
- Installation of an ignition interlock device (at the offender’s expense)
