How Likely is Jail Time for the First DUI in Virginia?

Not very much, unless one of the four aggravating factors discussed below applies to the case. Additional jail time is particularly likely in the first two situations. Other enhancements, such as a prior DUI conviction, also apply. But since this enhancement changes a first-time DUI into a second one, we won’t discuss it in this post.

Authorities would much rather place DUI defendants on probation, not just because probation is cheaper than incarceration. Judges can add conditions, like an IID (ignition interlock device) monitor and an alcohol evaluation, to probation. They can’t add conditions to jail terms, at least in most cases.

Typically, a Leesburg drunk driving lawyer doesn’t focus on the enhancements in these cases. Instead, a good lawyer sticks to the basics and challenges the evidence of intoxication and other core issues. If the underlying charges don’t hold up in court, prosecutors can add whatever enhancements they desire, and it won’t matter.

High BAC

A Loudoun County judge must add an additional five-day jail term to the sentence, if the defendant’s BAC level was between .16 and .20. If the level was above .20, the mandatory jail term doubles to ten days.

Breathalyzer accuracy is an issue in borderline BAC cases. For example, most Breathalyzers falsely register ketone particles as ethanol particles. Ketones convert sugar into energy. Diabetics and some other people have naturally high ketones levels. Leading to falsely elevated Breathalyzer results.

Sheriff’s department math may come into play as well. When jails are overcrowded, as they typically are in Northern Virginia, sheriff’s departments often give three-for-one or other such credit. Every one day served is three days credit. Additionally, any part of a day usually counts as a full day.

Assume Chester blew a .19 on the Breathalyzer. He was arrested at 11:50 p.m. and released at 1:20 a.m. He has two days’ credit no matter what. If the sheriff was offering three-for one, he has six days’ credit.

Minor Passenger

The court could also tack on jail time (five days in most cases) if a minor passenger under 18 was in the vehicle at the time of the arrest.

These cases often encounter technical problems. Best evidence is a prime example. This rule requires prosecutors to always present the best evidence to prove a point. Second-best won’t suffice. A person’s oral statement about his/her age isn’t as good as a birth certificate, drivers’ license, or other document that the prosecutor normally doesn’t have.

These cases also have significant collateral consequences, especially in family court. Furthermore, officials commonly file child endangerment charges in these matters, in addition the DUI charges. These proceedings often involve technical issues as well, such as a violation of the double jeopardy clause (being punished twice for the same crime).

SUI/DWLS

We’ll group these last two together because they’re basically the same enhancement. A judge could add additional jail time if the defendant was speeding under the influence or driving while license suspended. These add-ons avoid the double jeopardy violations because they are technically separate offenses.

In this context, “speeding” is usually driving faster than 20mph over the limit and/or traveling faster than 85mph regardless of the speed limit. In many DWLS cases, the suspension period has ended, but the defendant didn’t provide proof of insurance failed to take affirmative steps to reinstate the license.

Work With a Detail-Oriented 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. We routinely manage matters throughout Northern Virginia.

Source:

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/