VIRGINIA DUI ATTORNEY

Let us fight your DUI case in court. AS a Virginia DUI attorney I have represented DUI charges in Virginia (18.2-266) which are not limited to alcohol but also include drugs. Give me a call to discuss your case. 

read below important details about DUI penalties and defenses:

Our DUI lawyers will help you choose the best approach for your case.

What is Considered a “DUI” in Virginia? Explained by Virginia DUI Attorney

First of all, driving under the influence means that you are operating a motor vehicle with a blood alcohol concentration of 0.08 percent or higher.

This blood alcohol concentration percentage threshold only applies to persons who are 21 years or older.

Receiving a DUI or DWI charge in Virginia is a criminal charge and a class 1 misdemeanor.

The penalty for a first offense DUI conviction is a fine of up to $2,500, license suspension for twelve months, and a maximum jail sentence of twelve months.

Do not hesitate to seek counsel in order to review the facts of your case and make sure that you know all of your options.

What is the Difference Between a DUI and a DWI Charge in Virginia?

DUI, driving under the influence, and DWI, driving while intoxicated, are interchangeable terms in Virginia. Essentially, they mean about the same thing.

In Virginia, when you are charged with driving under the influence, they will identify this charge as a DWI. A DWI is identified as someone who is operating a vehicle with an elevated blood alcohol concentration.

As driving under the influence includes drugs as well, another term you may see is DUI or driving under the influence of drugs.

The bottom line is: There is no real difference between a DUI and a DWI as you will be charged with the same crime and will receive the same penalties for this charge.

What is my Penalty if I am convicted of DWI in Virginia? 

Code of Virginia § 18.2-270 has stated the penalties for a conviction of DWI/DUI.  For the first DWI, if your blood alcohol concentration is 0.15 to 0.20, you are facing a mandatory jail time of five days.

If your blood alcohol concentration is over 0.20, then your mandatory minimum of jail time is ten days.

In addition, your privileges to drive in Virginia will be suspended for 12 months and you must enroll in the Virginia Alcohol Safety Program and comply with all their requirements.

The Virginia Statute requires you to install an ignition interlock in your car for at least six months as a condition to get a restricted license.

Do the Above Penalties Apply to me If I am Under Twenty-One Years Old?

Since drinking under the age of twenty-one is illegal, an even lower BAC is a violation. If your BAC is between 0.02 and 0.08 percent, then it is a class 1 misdemeanor.

A conviction of this DWI under Virginia Code 18.2-266.1, will result in jail time up to one year, suspension of your privileges to drive for 12 months, a minimum fine of $500 or community service, and referral to the Virginia Alcohol Safety Program.

Under this DWI, an ignition interlock is not required as a condition for a restricted license.

When you are arrested, the officer should have read you your rights prior to taking you into custody.

The purpose of Miranda rights is to notify you of your constitutional right to remain silent and the right to an attorney.

If the officer does not read you your Miranda rights, this simply means that anything that you said upon arrest cannot be used in court.

Your Virginia DUI Attorney will advise you on your Miranda rights in relation to your arrest.

What Happens if I Have Multiple Convictions of DWI?  

If you are convicted of:

–  A second DWI committed within 5 years of the first offense: Mandatory minimum jail sentence of 20 days and a minimum fine of $500.  Your privileges to drive are suspended for 3 years

–  A second DWI committed within 10 years of the first offense:

Mandatory minimum jail sentence of 10 days and a minimum fine of $500. Your privilege to drive is suspended for 3 years but you can apply for a restricted license after 4 months of your conviction.

• In addition to the mandatory jail time mentioned above, if the alcohol level is 0.15 to 0.20 then there will be an additional ten days in jail. If the alcohol level is 0.20 and more, then twenty days will be added to the mandatory sentence.
• A third DWI committed within a ten-year period is a class 6 felony that triggers a 90-day mandatory minimum jail sentence and a mandatory minimum of $1000. If the third DWI was within a five-year period, the mandatory minimum jail time is six months.
• A fourth DWI committed within a ten-year period of the first offense is a class 6 felony with one year mandatory jail time and a $1000 minimum fine.
• A third or more DWI convictions will result in the revocation of your privileges to drive.

What if The Officer Did Not Read me My Miranda Rights When They Pulled me Over? Can I Refuse to Take a Test to Determine my BAC?

Here’s the deal: It is against the law to unreasonably refuse to have a test taken to determine your blood alcohol concentration. 

If an officer suspects that you are intoxicated while operating a motor vehicle, then you must comply.

If you are guilty of unreasonable refusal, the first offense, it will be a civil offense for which you pay a fine, but the court will suspend your privileges to drive for one year.

A second offense is a  class 1 misdemeanor that will result in the suspension of your privileges to drive for three years.

At trial, the prosecutor has the burden to prove beyond a reasonable doubt that your refusal was unreasonable.

It is important to remember that it is the prosecutor’s job to prove his point, rather than you proving that you possess a reason for the refusal.

The consequences of a refusal conviction may be more severe than you think, so you should contact a Virginia DUI Attorney immediately to handle your refusal case. Our Arlington DUI Lawyer can also assist you with your DUI cases in the Arlington county Virginia courts.

What Should I Expect If Charged With DUI in Virginia?

At the beginning of the representation, your attorney will sit down with you to get all the details from you and get your side of the story.

The DUI attorney will give you a general explanation of the consequences of the DWI charge in Virginia.  

The second step is discovery, which is a request made by your attorney to the prosecutor to provide all the evidence on your case.

This evidence includes the criminal complaint, the police report, any recordings or videos, etc.

Your attorney will review this evidence and will discuss it with you. Your attorney will explain your options and set a plan on how to direct your case and what would be the best option for you.  

The attorney at that point will make a decision on making any pretrial motions before proceeding to the final phase, the trial.

What is a Restricted License? 

You might be wondering, what happens if you are convicted of a DUI/DWI offense in Virginia and your driver’s license gets suspended for 12 months or more?

Virginia law allows you to drive to certain places under certain circumstances while your driver’s license is suspended. You can submit a request to the court to ask for permission to get a restricted driver’s license.

The judge in his discretion may grant your application if you meet the criteria as required by the law.

Keep in mind that if you have a restricted license, that does not mean that you can drive wherever you want at any time you want. A   restricted license means that you are allowed to operate a vehicle under certain conditions and restrictions. Consult with your attorney to learn whether you may be eligible.

How do I Pay off My Fines and Costs From my DUI Charge in Virginia?

After a DWI conviction, you are required to pay the fine and court costs. In addition to the court fees associated with your sentence, there are fees for the ASAP (Virginia Alcohol Safety Program) and the ignition interlock device.

If you do not pay the fine and court costs on time, there will be an additional suspension on your privileges to drive, and it is a violation of the conditions of your court order.

If you do not enroll in ASAP or you do not have the ignition interlock device installed in your car because you do not have enough money to pay, you violate your court order.

Violation of a court order will result in what is called a Violation of Probation, and you are in a worse position than before.

Make sure to tell your Virginia DUI attorney about your financial circumstances, and your attorney will advise on the payment plan with the court and with the other facilities.

Can I Remove my DUI Charge in Virginia From my Driving Record?

Unfortunately, you are unable to expunge a DUI charge in Virginia. All Virginia criminal records of persons above the age of eighteen years old are open to the public online.

A person’s criminal record includes any arrests and convictions you have received over the age of eighteen years old.

Charges cannot be expunged in the Commonwealth of Virginia, however, you are able to erase them from public records if they were dismissed or you were found “not guilty”.