Virginia DUI Defense Attorney

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 of 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 DUI attorneys can assist you in determining the best possible defenses available should you find yourself charged with DWI.

DUI/DWI Defense

What does the Virginia DUI statute say?

§ 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

First offense

  • Up to 12 months in jail (usually no time for first-offense)
  • Fine ranging from $250 to $2,500
  • License suspension of one year
  • Ignition interlock device (IID) for a minimum of six months
  • If your bac is .15 to .20: 5 days are mandatory minimum jail
  • If your bac is above .20: 10 days mandatory minimum jail

Second offense within 5 years

  • Minimum 10 days but up to 12 months in jail
  • Fines ranging from $500 to $2,500
  • License suspension for three years
  • Ignition interlock device (IID) for a minimum of six months
  • If your bac is .15 to .20: additional 10 days are mandatory minimum jail, 3 years suspended license, ignition interlock
  • If your bac is above .20: additional 20 days mandatory minimum jail.

Third offense within 5 years

  • This is a felony offense
  • Minimum 90 days but up to 5 years in jail
  • Fines ranging from $1,000 to $2,500
  • Indefinitely license suspension
  • Ignition interlock device (IID) for a minimum of six months

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 be 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.

Why you need a DUI defense attorney

Trying to tackle a DUI charge without the assistance of a skilled defense attorney could be disastrous. The Commonwealth of Virginia takes DUI charges very seriously, and you need to understand that you will be going up against seasoned prosecutors and law enforcement officials. However, a skilled Virginia DUI defense attorney will have the resources and legal expertise necessary to:

  • Conduct a complete investigation into the charges against you
  • Obtain any evidence that could help build your defense
  • Handle any negotiations with the prosecution in an effort to reduce the charges
  • Work to obtain later sentencing on your behalf if a conviction is imminent
  • Represent you in court at every hearing

Contact our Virginia DUI defense attorneys today

If you or somebody you care about has been charged with DUI in the Commonwealth of Virginia, contact the team at Randall Page, P.C. as soon as possible. Our attorneys pledge to conduct a complete investigation into your case. Our goal is to get the charges against you reduced or dismissed so that you can go back to living your life. We understand the seriousness of DUI charges, and we will stand by your side. When you need a Virginia DUI defense attorney, you can contact us for a free consultation of your case by clicking here or by calling 757-517-8956.

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