VIRGINIA DUI LAWYER

How did you end up here? Most probably, you are searching for an experienced Virginia DUI lawyer. Yes, I can fight your case in court and defend your legal rights.

read below the best and worst-case scenarios of a dui conviction

What Does it Mean to be Charged With a First Offense of DUI in Virginia

You’ve always stayed out of trouble, but now you find yourself charged with a first offense of DUI in Virginia.

Your first thought may be “what type of punishment am I looking at?” This article will give you the best and worst-case scenarios for a DUI and what you need to know to select the best DUI attorney for your case.

I will discuss the penalties for a violation of VA Code §18.2-266 and a few key factors Virginia courts take into consideration when determining the penalty, specifically the following:

1. your age at the time of the offense
2. your BAC level and
3. how many DUI convictions you’ve had in the past.

What Are The DUI Penalties That I Can be at Risk of Receiving?

First, let’s talk about what falls into the category of a DUI. Pursuant to VA Code §18.2-266, or §18.2-266.1 for those under twenty-one, a DUI is defined as a person who operates or drives any motor vehicle while under the influence of alcohol or any narcotics.

This includes consumption or administration of any drug which would cause impairment in one’s ability to operate a motor vehicle.

One of the key aspects of a DUI is the Blood Alcohol Content (BAC).

The BAC level is the percentage of alcohol flowing through someone’s blood. In Virginia, a BAC of 0.08 is enough to be in violation of VA Code §18.2-266.

However, the higher the BAC the greater the punishment or penalty will be.

Having a BAC between 0.15 and 0.20 will result in a mandatory minimum sentence of five days while a BAC higher than 0.20 will result in a mandatory minimum sentence of ten days. 

Call our Virginia DUI Lawyer to evaluate your DUI case at 703-786-8340  

Throughout the article I will mention two key phrases repeatedly. First, is “ASAP” or “VASAP” which stands for Alcohol Safety Action Program or Virginia Alcohol Safety Action Program.

In Virginia, after a conviction under §18.2-266 it is a requirement that the person convicted attend ASAP prior to having an ignition interlock system installed into their vehicle(s).

The second phrase is “restricted driving privilege” which refers to the court’s ability to grant a suspended license holder the ability to drive for limited purposes.

If it is a second offense within five years you must wait a period of one year but if it is a second offense within ten years then you are eligible after a 4-month waiting period.

You must wait three years after a third offense within 10 years to become eligible for a restricted driving privilege.

You may not obtain a restricted license if you possess a CDL license to operate commercial vehicles. 

Whether you have had a Virginia DUI first offense or higher, prosecutors will make a recommendation for you to enroll in a VASAP program.

Virginia DUI Lawyer Elaborates on What Does it Mean to Have a DUI When You Are Under 21?

In this section I will highlight the key differences in the penalties for a DUI when under the age of twenty-one.

If the driver of the vehicle is under the age of twenty-one and has a BAC between 0.02 and 0.08. A BAC of 0.08 or more will be prosecuted under DUI VA Code §18.2-266. Both §18.2-266 and §18.2-266.1 are Class 1 misdemeanors. (Later in the article I will go into more detail about the maximum punishment for a Class 1 misdemeanor.) 

If charged under VA Code §18.2-266.1, you will incur additional penalties such as a denial of your license for a period of a year or until the age of seventeen; whichever occurs later. For a second offense, the suspension shall be for a year or until the age of eighteen, whichever occurs later.

Additionally, you will be required to attend ASAP; if you wish to obtain a restricted license, however, you may not be required to have an interlock placed in your vehicle.

You are still subject to the penalties that are discussed below if your BAC reaches 0.08 or higher.

Generally, a $500 fine is added in the judgment but under VA Code §18.2-266.1 the judge may require that you pay a $500 fine or complete fifty hours of community service.

I Have a DUI. Will I go to Jail? Virginia DUI Lawyer Provides an Answer.

The penalties for a DUI first offense are spelled out in VA Code §18.2-270. The first DUI is a class 1 misdemeanor which means that the court is, by law, required to fine you a mandatory minimum of $250.

If your BAC at the time was between 0.15 and 0.20 the court is required to impose a mandatory minimum sentence of five days. A BAC of 0.20 and above will result in a mandatory minimum of ten days.

A second offense within five years from the first will result in a mandatory minimum fine of $500 and twenty days in jail. 

You may incur additional jail time if your BAC reaches a certain level.

If the DUI offense occurred between five and ten years from the first offense, the Court is required to give a mandatory minimum fine of $500 and ten days in jail. 

Again, your jail sentence may increase depending on your BAC.

A third DUI offense within ten years is classified as a Class 6 felony.

A conviction of this DUI offense; will carry with it a mandatory minimum jail time of ninety days as well as a $1,000 fine;

If the Virginia DUI conviction occurs within five years then a mandatory minimum sentence of six months is required by law.

After the third conviction, the vehicle(s) of the person will be seized. Upon a fourth DUI conviction or more, there is a mandatory minimum of one year incarceration and $1,000 fine.

What is an Ignition Interlock System and Will I Need it?  

If you are convicted of a DUI first offense in Virginia, the court will order that an ignition interlock system is placed in your vehicle as a requirement for receiving a restricted license, pursuant to §18.2-270.1. The interlock system must be installed in the vehicle for a minimum of six months.

An ignition interlock system is a device placed inside the vehicle which requires the driver to blow into the system prior to its operation.

It will prevent the vehicle from starting if the driver’s BAC is 0.02 or higher.

The system may also require multiple testings during the operation of the vehicle and will record your BAC level for each test.

The period that you must keep the system in your vehicle will be at least six months but no longer than the license suspension period.

The court will order that the interlock system is placed on all vehicles after a second or subsequent offense.

For further details about your DUI charge, contact our Virginia DUI lawyer to discuss your case at 703-786-8340.

How Long Will My License Suspension Last? 

Upon conviction of a DUI first offense, under VA Code §18.2-266, a person’s license will be suspended for a period of one year.

A second offense that occurs within ten years of the first will result in a suspension for three years.

A third offense that occurs within ten years of the first two offenses will result in a permanent suspension of the license.

As a prerequisite to obtaining a restricted driver’s license, the person convicted may be required to attend ASAP. 

However, after a third offense the person is no longer eligible to participate in an ASAP course.   

Our Virginia DUI lawyer has over 10 years of experience defending DUI cases in Northern Virginia.

Contact us now for a phone consultation at 703-786-8340.