Reviewing 3 Penalties For DUI Offenses In Virginia
Under Virginia law, it is a crime to drive under the influence (DUI) of alcohol, drugs, or other substances. Additionally, there are two different versions of DUI under Code of Virginia Section 18.2-270. On the first or second conviction, DUI is typically charged as a Class 1 misdemeanor. Whereas on the third, fourth, or subsequent conviction, DUI is usually charged as a Class 6 felony.
In either case, the consequences of a DUI conviction can be extremely severe. In most cases, the Virginia penalties for DUI include: (1) Jail/Prison Sentence, (2) Criminal Fines, and (3) Licenses Suspension/Revocation.
- Jail/Prison Sentence
The rules governing a jail or prison sentence for DUI appear under Section 18.2-270.
On the first offense, misdemeanor DUI charges do not necessarily require a jail sentence. But if a driver registers a blood-alcohol concentration (BAC) of 0.15 or more, there is a mandatory minimum jail sentence of five to 10 days.
On the second offense within 10 years, misdemeanor DUI charges include a mandatory minimum of 10 days in jail. But if the second offense occurs within five years, there is a mandatory minimum of 20 days in jail.
On the third offense within 10 years, felony DUI charges include a mandatory minimum of 90 days in prison. But if the third offense occurs within five years, there is a mandatory minimum of six months in prison.
On the fourth or subsequent offense within 10 years, felony DUI charges include a mandatory minimum of 12 months in prison.
- Criminal Fines
The rules governing criminal fines for DUI appear under Section 18.2-270.
On the first offense, misdemeanor DUI charges include a mandatory minimum of $250 in criminal fines, regardless of the driver’s BAC level.
On the second offense, misdemeanor DUI charges include a mandatory minimum of $500 in criminal fines. This fine applies regardless of whether the second offense occurred within five or 10 years.
On the third offense, felony DUI charges include a mandatory minimum of $1,000 in criminal fines. This fine applies regardless of whether the third offense occurred within five or 10 years.
On the fourth or subsequent offense within 10 years, felony DUI charges include a mandatory minimum of $1,000 in criminal fines.
- License Suspension/Revocation
The rules governing license suspension or revocation for DUI appear under Code of Virginia Section 18.2-271.
On the first offense, misdemeanor DUI charges include mandatory suspension of driving privileges for 12 months.
On the second offense within 10 years, misdemeanor DUI charges include mandatory revocation of driving privileges for 36 months.
On the third or subsequent offense within 10 years, felony DUI charges include mandatory and permanent revocation of driving privileges.
Do You Need Legal Help?
If you need legal assistance with Virginia charges for DUI, it can be demonstrably beneficial to contact an adept Leesburg criminal attorney. The attorneys at Simms Showers have experience defending against charges for DUI and other crimes. If you need legal help with criminal defense, contact us today for a free initial consultation.
SOURCES:
law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/
law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-271/
