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DUI Offenses
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In Virginia it is illegal to operate a motor vehicle while under the influence of alcohol or other drugs. This can be done even without a blood alcohol content (BAC) sample. DUI’s are serious cases. A first offense carries the possibility of 12 months jail time, and a third DUI is a felony with a mandatory six months jail. It also leads to license suspensions, ignition interlock, and other costly and time-consuming classes the court will require you to complete before fully restoring your privilege to drive.Our attorneys can assist you in determining the best possible defenses available should you find yourself charged with DWI.

DUI/DWI Offenses

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

DUI SENTENCING AND ENHANCEMENTS

DUI FIRST OFFENSE:  $250 TO $2500 FINE, UP TO 1 YEAR IN JAIL , 1 YEAR SUSPENDED LICENSE, IGNITION INTERLOCK

  • IF YOUR BAC IS .15 TO .20; 5 DAYS ARE MANDATORY MINIMUM JAIL
  • IF YOUR BAC IS ABOVE .20: 10 DAYS MANDATORY MINIMUM JAIL

DUI 2ND WITHIN 5 YEARS: $500 TO $2500 FINE ($500 MANDATORY, $1000 MANDATORY IF BAC OVER .15), UPTO 1 YEAR IN JAIL WITH 20 DAYS MANDATORY MINIMUM, 3 YEAR SUSPENDED LICENSE, IGNITION INTERLOCK

  • IF YOUR BAC IS .15 TO .20; ADDITIONAL 10  DAYS ARE MANDATORY MINIMUM JAIL, 3 YEAR SUSPENDED LICENSE, IGNITION INTERLOCK
  • IF YOUR BAC IS ABOVE .20: ADDITIONAL 20 DAYS MANDATORY MINIMUM JAIL.

DUI 2ND WITHIN 10 YEARS: $500 TO $2500 FINE ($500 MANDATORY, $1000 MANDATORY IF BAC OVER .15), UPTO 1 YEAR IN JAIL WITH 10 DAYS MANDATORY MINIMUM

  • IF YOUR BAC IS .15 TO .20; ADDITIONAL 10  DAYS ARE MANDATORY MINIMUM JAIL
  • IF YOUR BAC IS ABOVE .20: ADDITIONAL 20 DAYS MANDATORY MINIMUM JAIL.

DUI 3RD WITHIN 5 YEARS: THIS IS A FELONY! $1000 TO $2500 FINE WITH $1000 MANDATORY MINIMUM. UP TO 5 YEARS IN JAIL WITH 6 MONTHS MANDATORY JAIL TIME.  LICENSE WILL BEFORE REVOKED INDEFINITELY.

DUI AFTER BEING CONVICTED OF A FELONY DUI:  $1000 TO $2500 FINE WITH $1000 MANDATORY MINIMUM. UP TO 5 YEARS IN JAIL WITH 1 YEAR MANDATORY JAIL TIME.  LICENSE WILL BEFORE REVOKED INDEFINITELY.

OTHER DUI ENHANCEMENTS
  1. If there are children under the age of 18 in the vehicle and additional 5 days mandatory minimum.
  2. If there are children under the age of 18 in the vehicle you may get charged with Felony Child Neglect for each child.
  3. If you are operating a commercial vehicle the BAC level is .02 not .08 like a regular DUI.

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