At Driving Defense Law, we are ready and prepared to defend your rights and zealously advocate on your behalf.
Our experienced attorneys know how to navigate the local courts in Virginia. Our traffic attorneys will evaluate your options and create a game plan to dismiss or minimize your offense.
What is a DUI in Virginia?
A DUI (Driving Under the Influence) occurs when you operate a vehicle with a BAC (Blood Alcohol Concentration) of 0.08% or higher, or with detectable controlled substances in your system. Including:
- 0.02 milligrams of cocaine
- 0.1 milligrams of methamphetamine
- 0.01 milligrams of PCP (phencyclidine)
- 0.1 milligrams of MDMA (3,4 methylenedioxymethamphetamine)
What Are the Penalties for a First DUI?
First-time DUI penalties include:
- Fines of $250-$2,500
- Up to 12 months in jail
- BAC of .15%-.20% – 5-day mandatory jail time
- BAC of .20% or above– 10-day mandatory jail time
- One-year license revocation
- Completion of VASAP (Virginia Alcohol Safety Action Program)
What Are the Penalties for a Second DUI?
Penalties for a second DUI in Virginia are more severe and vary based on how long it has been since your first conviction.
Second DUI within less than 5 years:
- Fines of $500-$2,500
- BAC of .15% or above– $1,000 minimum fine
- Up to 12 months in jail, with a mandatory of 20 days
- BAC of .15%-.20% – 30-day mandatory jail time
- BAC of .20% or above– 40-day mandatory jail time
- Three-year license revocation
- Completion of VASAP (Virginia Alcohol Safety Action Program)
Second DUI within 5-10 years:
- Fines of $500-$2,500
- BAC of .15% or above– $1,000 minimum fine
- Up to 12 months in jail, with a mandatory of 10 days
- BAC of .15%-.20% – 20-day mandatory jail time
- BAC of .20% or above– 30-day mandatory jail time
- Three-year license revocation
- Completion of VASAP (Virginia Alcohol Safety Action Program)
What Are the Penalties for a Third DUI?
A third DUI in Virginia is treated as a felony and also carries more severe penalties based on how long it has been since your last DUI conviction.
Third DUI within less than 5 years:
- Fines of $1,000-$2,500
- Up to 1-5 years in prison OR 1 year in jail
- Mandatory of 6 months
- Indefinite license revocation
Third DUI within 5-10 years:
- Fines of $1,000-$2,500
- Up to 1-5 years in prison OR 1 year in jail
- Mandatory of 90 days
- Indefinite license revocation
What Are the Penalties for a Fourth (or subsequent DUI)?
Penalties for a fourth or subsequent DUI include:
- Fines of $1,000-$2,500
- Up to 1-5 years in prison OR 1 year in jail
- Mandatory of 1 year
- Indefinite license revocation
What Should You Do After a DUI?
If you are charged with a DUI, take action immediately. Call a Driving Defense Law attorney at 757-929-0335 or book a consultation today to protect your rights, minimize penalties, and safeguard your driving privileges. Early representation can make a critical difference in the outcome of your case.
What is the difference between a DUI and DWI in Virginia?
Should I speak to an attorney about a drunk driving charge?
Yes, it is generally a good idea to speak with an attorney if you are facing a drunk driving charge. Here are several reasons why:
Legal Expertise: DUI (Driving Under the Influence) laws can be complex and vary significantly by location. An attorney specializing in DUI cases will know the laws specific to your state.
Case Evaluation: An attorney can evaluate the specifics of your case, including the circumstances of your arrest and the evidence against you. This assessment is crucial for developing a defense strategy.
Protecting Your Rights: An attorney ensures that your rights are protected throughout the legal process. This includes making sure that the law enforcement procedures used in your case are lawful.
Potential for Better Outcomes: With professional legal representation, you may have a better chance of a favorable outcome, such as a dismissal or reduction of charges, lighter penalties, or a not guilty verdict.
Remember, every DUI case is unique, and the benefits of having legal representation can be significant. An experienced drunk driving attorney can provide specific advice about your unique situation.
