DUI Penalties in Virginia: Breaking it Down
Until around 1990, DUI laws in Virginia and most other states were quite weak. In fact, DUI was basically an enhanced traffic ticket. Furthermore, because of the way the law was worded, DUIs were hard to prove in court. For these reasons, DUI enforcement was weak as well.
Today, things are different. The laws are much tougher and the offense is easier to prove. As a result, enforcement is very aggressive. In fact, many law enforcement departments have mandatory DUI arrest policies. If officers have reasonable suspicion of DUI, they must arrest the driver. There’s no more “go forth and sin no more.”
A Leesburg drunk driving lawyer eases, or eliminates, these harsh consequences. Several legal defenses are available, even if the driver submitted to a chemical test and failed that test. A lawyer can also challenge other parts of the state’s case, such as the sufficiency of the evidence on the “driving” portion of a DUI.
First DUI Penalties
Like most states, Virginia imposes mandatory minimum penalties on first-time DUI offenders. These mandatory minimums, which are higher than average, include:
- Alcohol safety and awareness class (sometimes called a victim impact panel),
- $250 fine ($500 if there was a minor passenger in the vehicle),
- Five days in jail (if BAC was between .15 and .20),
- Ten days in jail (if BAC was over .20),
- Six drivers’ license points, and
- 12 month drivers’ license suspension.
A few additional words about drivers’ license suspension. A limited license may be available, so defendants can do things like drive to and from work. Furthermore, suspended licenses don’t automatically become valid again. The driver must provide proof of insurance and pay a reinstatement fee.
Additionally, six points is a lot of points. At twelve points (within a one-year period), drivers must complete driver improvement classes to keep their licenses. At eighteen points, license suspension is automatic.
A Leesburg criminal defense lawyer cannot alter mandatory minimum penalties. However, the other penalties (one year in jail, $2,500 fine, and ignition interlock device) are negotiable.
Second DUI Penalties
Virginia has two lookback periods, five years and ten years. The mandatory minimum penalties are much worse if the defendant’s previous DUI was less than five years ago. This previous DUI could be in any state or county in the country.
- Ten days in jail (twenty days if the previous DUI was within five years),
- Twenty days in jail for a BAC between .05 and .20 (thirty days if five years),
- Thirty days in jail for a BAC over .20 (forty days if five years),
- $500 fines, and
- Thirty-six month drivers’ license suspension.
The law imposes additional conditions on a conditional license in these cases. Defendants may apply for a restricted license after four months (twelve months if the five-year rule applies). An extended IID requirement applies as well.
DUI Penalties for Third Offenses
First and second DUIs are misdemeanors. Third and subsequent DUIs are felonies. Basically, the law presumes that these individuals are dangerous alcoholics who shouldn’t be driving.
So, in addition to increased fines, longer terms in jail and longer loss of your license (minimum five years with a restricted license available after three years), your vehicle becomes subject to seizure by the state.
Connect With a Savvy 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:
law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/
