Virginia DUI Lawyer

If you are arrested and charged with DUI in Virginia, it is important to get immediate legal help from a Virginia DUI attorney who understands all relevant state law pertaining to driving under the influence. In the Commonwealth of Virginia, traffic offenses which are considered to endanger the general public are prosecuted vigorously, and DUI is no exception. Those convicted of DUI in Virginia face significant fines and even jail time. Furthermore, those convicted face administrative penalties including driver’s license suspension, accumulated points against one’s driving record, and costly high-risk insurance. For help avoiding a DUI conviction or minimizing its impact on your life, contact a skilled Virginia DUI Lawyer.

Understanding Virginia DUI Laws

The threshold for a charge of driving under the influence in Virginia is a blood alcohol concentration (BAC) of 0.08. However, certain drivers may be charged with a DUI offense with a much lower BAC. Commercial drivers are considered to be driving under the influence with a BAC of only 0.04, and under Virginia’s zero-tolerance policy, drivers under the age of 21 can be arrested and charged with Virginia DUI with a BAC as low as 0.02.

In Virginia, higher BAC is considered an aggravating factor which can lead to harsher penalties. A knowledgeable Virginia DUI lawyer can explain your specific charge and any possible legal ramifications, and he or she can help you fight that charge for the best result.

Virginia drivers, much like those in other states, are bound by Implied Consent Law, meaning acceptance of a driver’s license is implicit agreement to submit to a chemical blood test, breath test, or urine test if suspected of driving under the influence. Refusal to submit to a blood alcohol analysis test carries penalties and suspension separate from and in addition to any penalties resulting from a DUI conviction.

Under Virginia’s impaired driver laws, even first time offenders can be sentenced to fines, jail, and other mandates and restrictions. In fact, a first DUI offense can yield mandatory enrollment in the Virginia Alcohol Safety Action Program (ASAP), even if the convicted driver has no prior drug or alcohol problems.

In addition to fines, those convicted of Virginia DUI face other expenses such as fees, court costs, and high-risk insurance. They are furthermore inhibited by a criminal record which can complicate personal, educational, and employment opportunities. With the suspension of a driver’s license comes increased dependence on others for even the simplest tasks. Getting to work or school, running errands, visiting friends, and attending events at will are no longer possible without public transportation or help from others willing to transport you where you need to go. For many people, a suspended license is the most difficult part of a Virginia DUI sentence. A Virginia DUI attorney may be able to help keep you out of jail and help you keep your license.

The legal penalties for Virginia DUI depend on the severity of the offense. A second DUI nets harsher consequences than a first offense, and a higher BAC results in more severe penalties than a conviction in which the driver’s BAC is just above the legal limit.

Virginia DUI Penalties for BAC between 0.08 and 0.15

The lowest Blood Alcohol Concentration in a Virginia DUI conviction yields the lightest sentence, but even as the mildest offense, consequences are still severe.

For a first offense of DUI in Virginia with a BAC between 0.08 and 0.15, the minimum fine is $250. Drivers are fined an additional $500 to $1000 if they are transporting a minor under the age of 18 at the time of arrest. A first offender’s driver’s license is suspended for one year, and he or she is required to participate in the Alcohol Safety Action Program (ASAP).

As a second offense, a DUI conviction carries the same fines, license suspension, and mandatory ASAP enrollment as a first offense, but the driver may be jailed for a minimum of ten days and a maximum of one month. An additional $50 payment to the Trauma Center Fund is required.

If a driver is convicted of a third Virginia DUI within five years of a previous offense, he or she is subject to a minimum of six months in jail. If the third offense is within ten years of the previous offense, the minimum jail time is 90 days. The minimum fine for a third or subsequent DUI conviction is $1000, and $50 must be paid to the Trauma Center Fund. As a repeat offender, the driver will have his or her license suspended indefinitely. A repeat offender may petition the court to have the license reinstated after five years; as a condition of returned driving privileges, the driver must use an ignition interlock device.

Virginia DUI Penalties for BAC between 0.15 and 0.20

An elevated BAC results in more serious sentencing for drivers convicted of Virginia DUI. First offenders with a BAC from 0.15 to 0.20 are jailed for a minimum of five days and fined at least $250. After the completion of a one year driver’s license suspension, the driver is required to install an ignition interlock device on any vehicles he or she owns or co-owns and is not allowed to drive any vehicle without ignition interlock. He or she must also enroll in the Alcohol Safety Action Program.

If a driver is convicted of a second offense, he or she will be jailed for a minimum of ten days. Other fines and fees are the same as second offense conviction with a lower BAC, but with an elevated BAC, the driver’s license is suspended for three years. Once the license is reinstated, the driver will be required to use an ignition interlock device.

As a third offense, Virginia DUI is a felony offense that may result in not only the fines, jail time, and indefinite license suspension listed above, but may also mandate the permanent forfeiture of the driver’s vehicle.

Experienced DUI Lawyer in Virginia

If you are arrested for Virginia DUI, it is wise to consult a Virginia DUI lawyer as soon as possible. Find a DUI lawyer in Virginia who is well-equipped to represent at court proceedings throughout your trial. Look for an attorney who is trained in the National Highway Traffic Safety Administration (NHTSA) field sobriety tests and who knows how to operate nationally certified breath testing equipment. A skilled attorney can not only explain your charges and your options for defense, but can best present your case for a favorable outcome. To find a DUI attorney in Virginia, call our 24-hour DUI hotline or search MyDUIAttorney by entering the city of your arrest.