When a police officer pulls you over for a suspected DUI, you will want to get the best legal defense.
In Virginia, DWI (driving while intoxicated) or DUI (driving under the influence) means that a driver aged 21 and over has a 0.08% BAC (blood alcohol content). Like most states, Virginia takes drunk driving offenses very seriously since this risky behavior can put many others in danger on the roads.
According to the Law Offices of Mike Pignone, it is important to understand what penalties you may face when you are charged with DUI.
First DUI Offense
The first time you commit a DUI offense in Virginia, you will have to pay a mandatory fine set at $250. You will also have your driver’s license revoked for one year.
Second DUI Offense
The second time you are charged with DUI, the mandatory fine minimum increases to $500. Your driver’s license will be revoked for three years, and you may face jail time for up to a year. If your first DUI offense occurs within the last ten years, you will have a mandatory minimum of 10 days in jail. If the offense was within the last five years, you will serve a minimum of 20 days.
Third DUI Offense
If you get a third DUI within ten years, you will face a mandatory indefinite license revocation. You’ll also need to pay a minimum fine of $1,000 and be prosecuted with a Class 6 felony. Additionally, if this offense occurs within ten years of your prior DUI offenses, you must permanently forfeit your vehicle and spend a minimum of 90 days in jail. For a third offense within five years, you’ll spend a minimum of 6 months in jail.
For fourth and subsequent DUI offenses, you will face a mandatory minimum jail term of one year.
Other Possible DUI Penalties in Virginia
It’s important to note that your BAC at the time of your arrest could further affect the penalties you’ll receive. If it is between 0.15% and 0.20%, you’ll have a mandatory minimum 5-day jail term along with all the other first-time DUI offender penalties. For a second offense within ten years, that mandatory minimum jail term increases to 10 days.
For a BAC of 0.20% or higher, you will be given a mandatory minimum of 10 days in jail along with all the other first-time offender penalties. Second offenses within ten years are a minimum of 20 days in jail, along with the other penalties.
How to Protect Your Rights
In Virginia, any DUI charge you receive will be reported to the Central Criminal Records Exchange. A criminal record of any kind, especially with a DUI, can make it difficult for you to find a good job or place to live.
Working with an attorney that specializes in DUI cases can help you have a better outcome for your future.