Direct and Indirect DUI Penalties in Virginia
The combined direct and indirect costs of a DUI conviction often exceed $20,000. These aren’t long-term costs. Most of them are due within three years after the conviction. Failure to pay this money could result in even worse direct consequences, like long-term incarceration. The costs are even higher if any aggravating circumstances, like a prior DUI conviction, are present.
Prosecutors care nothing about these staggering costs. To them, individual defendants are just names on docket sheets. But a Virginia DUI defense lawyer cares a lot about these costs. So, attorneys work diligently to avoid DUI convictions. Multiple defenses are usually available in these cases. These defenses help reduce, or even avoid, these high DUI costs.
Direct Penalties
As mentioned, a prior DUI conviction is the most common direct penalty enhancement. Virginia, like most other states, increases the penalties with each prior conviction, as follows:
- First Conviction: Maximum one year in jail and minimum $250 fine, one year IID requirement, and completion of the Virginia Alcohol Safety Action Program (VASAP).
- Second Conviction: Maximum one year in jail and minimum $500 fine, three-year drivers’ license revocation, and completion of the Virginia Alcohol Safety Action Program (VASAP).
- Third Conviction: Maximum five years in prison and minimum $1,000 fine, and indefinite drivers’ license revocation.
There’s a difference between drivers’ license suspension and drivers’ license revocation. A suspended license becomes valid again if the driver provides proof of insurance and jumps through some other hoops. If the state revoked the license, in addition to jumping through all these hoops, the driver must take the test again.
Also note that the penalties change significantly for the third offense. The law assumes that a three-time loser is unfit to drive and any attempts at rehabilitation, such as a habit-changing Ignition Interlock Device or a VASAP requirement, are probably a waste of time.
Virginia has a ten-year lookback period. A prior DUI conviction in this state, or any other state, within the last decade is an admissible enhancement.
Other DUI enhancements, which could apply to first-time offenses as well, include an open container in the vehicle, a child passenger in the vehicle, and an injury or non-injury collision.
Indirect Consequences
Much of the aforementioned $20,000 is higher insurance rates and attorneys’ fees. The first category is basically a waste of money. The second category is an investment.
Virginia drivers with DUI convictions must purchase high-risk SR-22 insurance and maintain it for at least three years. SR-22 policies are usually about three times higher than other auto insurance policies. After that, the defendant might be eligible for a lower rate, but that’s not guaranteed.
As mentioned, a Leesburg criminal defense lawyer can use several defenses in DUI cases, mostly procedural and scientific defenses.
Many local law enforcement agencies over-aggressively enforce DUI laws. Sometimes, they illegally detain or arrest motorists. If that’s the case, judges usually throw these cases out of court. Scientific defenses mostly include issues with the Breathalyzer and the maintenance, or lack thereof, of this device.
Work With a Diligent 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. Virtual, home, and jail visits are available.
Source:
addictioncenter.com/community/the-true-cost-of-getting-a-dui/
