Halloween weekend is all about costumes, candy, and community celebrations. But it’s also one of the riskiest times of the year for drivers. With more pedestrians, late-night parties, and alcohol often involved, exercising extra caution on the road is essential. If you’re charged with a DUI during Halloween weekend, here’s what you need to know.
What Qualifies as a DUI in Virginia?
In Virginia, under code §18.2-266, it is unlawful to drive or operate a motor vehicle while impaired by alcohol or drugs. For most drivers, the blood alcohol content threshold is 0.08%. However, there are different thresholds for other categories of drivers to include:
- 0.04% BAC for drivers operating a commercial motor vehicle
- 0.02% BAC for drivers under 21 years of age (under VA code §18.2-266.1)
What Are the Penalties for a DUI in Virginia?
A DUI in Virginia is classified as a Class 1 Misdemeanor. If convicted, not only will it result in a permanent criminal record, but you may also face a variety of serious consequences, including:
- Jail Time: A Class 1 Misdemeanor in Virginia carries a maximum sentence of up to 12 months in jail. However, VA code § 18.2-270, introduces minimum sentences if your BAC was elevated:
- If your BAC is between 0.15% and 0.20%, you will face a minimum of 5 days in jail.
- If your BAC is 0.21% or higher, you will face a minimum of 10 days in jail.
- Fines: If convicted, VA law allows a fine up to $2,500 to be imposed with a minimum fine of $250.
- License Suspension: If you’re charged with a DUI in Virginia, your driver’s license will be administratively suspended for 7 days immediately after your arrest. For repeat offenses, the suspension period increases: 60 days for a second DUI and until your trial date for a third or subsequent DUI. If you are convicted of a DUI in Virginia, then your license could be suspended for up to 12 months.
What Happens in Court After a DUI in Virginia?
In most cases, your first court appearance after a DUI arrest is the arraignment. This hearing is typically scheduled a few days or weeks after your release, assuming you were granted bond immediately. In this hearing, the court will generally:
- Explain the charges so you understand exactly what you’re being accused of.
- Make sure you fully understand the nature of the charges.
- Advise you of your right to have a lawyer.
- Ask whether you plan to:
- Hire your own attorney,
- Request a court-appointed attorney or Public Defender, or
- Proceed without an attorney.
After your arraignment, your case moves into the pre-trial phase. During this time, your attorney will:
- File for discovery.
- Review all evidence the prosecution has against you.
- Prepare a defense, which may include one listed here.
- If necessary, explore a plea agreement with the prosecutor.
How to Protect Yourself after a DUI in Virginia
If you have been charged with a DUI, remember these things:
- A charge is not a conviction.
- Document everything you remember about your arrest, and the events up to it.
- Attend all the necessary court dates.
Most importantly, you should reach out to a Driving Defense Law attorney immediately. Our highly specialized attorneys dedicate their practice to helping clients navigate DUI and traffic-related cases, protecting your rights every step of the way. We understand the complexities of Virginia’s DUI laws and work closely with you to explore all possible defense strategies. From reviewing evidence and negotiating with prosecutors to representing you in court, we are committed to achieving the best possible outcome for your situation.
Don’t face a DUI charge alone. Call or text us at 757-929-0335 or schedule a free consultation here.
