What Does DUI with Priors Mean?
A prior conviction is the most common DUI enhancement in Loudoun County. Other enhancements include DUI with a suspended license and DUI with an open container of alcohol. DWLS (driving while license suspended) is actually a separate offense that’s almost as serious as DUI. Many Virginians have suspended licenses and don’t know it, because the state sent the notice to a prior address. An open container of alcohol in a moving vehicle is also a separate offense. Unlike DUI, a Section 10.1-1020 violation is practically self-proving.
A DUI enhancement, like a prior conviction, makes a serious offense even more serious. Since the stakes are even higher, a Leesburg criminal defense lawyer must work even harder to defend these matters. Usually, the best way to deal with an enhancement is to deal with the underlying offense. A full range of defenses are available in enhanced DUI cases, such as an illegal stop and a lack of evidence of intoxication.
First Offense
When defendants commit this infraction, the law basically assumes that anything can happen once, or rather, almost anything can happen once. Therefore, to change their behavior, first DUI penalties usually hit defendants in their wallets. Additionally, first DUI penalties identify possible problem drinkers.
The average cost of a first-time DUI is over $10,000. Higher auto insurance rates account for much of that cost. This high cost often convinces people that, the next time they get in a similar situation, trying to drive home without getting caught isn’t worth the risk.
First-time DUI generally also includes an alcohol evaluation. A Leesburg criminal defense lawyer must ensure that the defendant gets into the proper program and avoids a common issue.
Typically, first-time DUI is a one-off offense, especially if the defendant was arrested on July Fourth weekend or another high drinking-and-driving holiday. So, the defendant doesn’t have an alcohol addiction problem. But to many counselors, if defendants say they don’t have problems, the counselor says they’re in denial and kicks them out of the program. That action creates a number of problems.
Second Offense
If a defendant gets a second DUI, the law assumes the defendant is probably a reckless or problem drinker, and penalizes second DUI accordingly.
Any DUI conviction within the last ten years counts as a “prior DUI” for charging purposes. For sentencing purposes, any DUI could enhance penalties, no matter how old that conviction is.
Prior DUI convictions are often difficult to officially prove in court. Usually, the judge requires a certified copy of the prior judgment, a document that may or may not be readily available. Additionally, many state laws include offenses like OUI (operating under the influence), a crime that doesn’t count as a prior DUI conviction.
Subsequent Offense
In these cases, the law presumes that the defendant is a dangerous person who shouldn’t be driving, so once again, the penalties escalate accordingly.
Probation is rarely available in third or subsequent DUI matters. If the defendant has been on DUI probation twice in the past ten years, as far as the law is concerned, probation clearly isn’t working. Furthermore, a third or subsequent DUI usually means long-term drivers’ license suspension or, more likely, permanent drivers’ license revocation.
Rely on a Tenacious Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.
Source:
law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-323.1/
