Alcohol- and drug-related driving offenses are treated seriously in Virginia. A conviction for driving under the influence (DUI) can have life-altering consequences, such as the immediate and prolonged removal of your driving privileges and the risk of incarceration. Hiring effective legal representation is the first step you should take to make certain you fight your charges as much as possible.
The Vienna DUI defense attorneys from Portner & Shure, P.A. are here to show you that you do have a choice after being arrested for a DUI. You can explore all of your options by working with us from the first day you are arrested. We have been managing cases much like yours for more than 30 years!
With so much on the line, don’t risk it on less experienced law firms. Call .
Virginia DUI Laws
The legal blood alcohol content (BAC) or concentration limit in Virginia is 0.08 for drivers in passenger vehicles.
Virginia law allows prosecutors to charge an individual with a DUI if the accused was:
- Recorded as having a blood alcohol concentration of .08 or more
- Driving under the influence of alcohol
- Driving under the influence of any drug
- Driving under the influence of any combination of drugs and alcohol
- Driving and had a blood/alcohol content above the legal limit
You do not need to have a BAC of 0.08 or higher to be arrested and charged for a DUI. An officer can stop your vehicle and make an arrest if you are driving erratically or dangerously and it is believed that alcohol intoxication, even a minor amount, is the cause.
Virginia DUI Penalties
The penalties for Driving Under the Influence vary depending on the facts of each case and an accused individual’s criminal history. Virginia law treats a first time DUI charge as a class 1 misdemeanor. This carries a minimum fine of $250.00 and a maximum fine of $2,500.00. Additionally, this charge carries a maximum sentence of 12 months in jail.
An accused individual’s blood alcohol content affects possible jail time, specifically:
- .08 to .14 – no mandatory jail time, however, the sentence is suspended
- .15 to .19 – mandatory 5-day jail sentence
- .20 or above – mandatory 10-day jail sentence
Additionally, a conviction for a first offense results in a 1-year suspension of an individual’s driver license, installation of an ignition interlock device (IID), and a requirement to complete the Alcohol Safety Action Program (ASAP).
Virginia law treats a second offense for a DUI charge as a class 1 misdemeanor. This carries a minimum fine of $500.00 and a maximum fine of $2,500.00. Additionally, this charge carries a maximum sentence of 12 months in jail.
An accused individual’s blood alcohol content affects possible jail time, specifically:
- .15 to .19 – mandatory 30-day jail sentence
- .20 or above – mandatory 40-day jail sentence
Furthermore, if the second offense occurred within 5 years of the first offense, Virginia law carries a mandatory 20-day jail sentence. If the second offense occurred within 10 years of the first offense, Virginia law carries a mandatory 10-day jail sentence. Additionally, a conviction for a second offense results in a 3-year suspension of an individual’s license, installation of an IID, and ASAP course enrollment and mandatory completion.
Virginia law treats a third offense for a DUI charge as a class 6 felony if it occurred within 10 years of the first offense. This carries a minimum fine of $1,000.00 and a maximum fine of $2,500.00. Additionally, this charge carries a maximum sentence of 5 years in prison.
If the third offense occurred within five years of the first offense, Virginia law carries a mandatory 6-month jail sentence. If the third offense occurred within 10 years of the first offense, Virginia law carries a mandatory 90-day jail sentence. Finally, a conviction for a third offense results in an indefinite suspension of an individual’s license.
Driver's Privilege Law
The Commonwealth of Virginia recently passed a law allowing the Department of Motor Vehicles to issue driver privilege cards to undocumented immigrants. Beginning on January 1, 2021, Virginia will join 15 other States that allow undocumented immigrants to receive drivers’ licenses. This new law will allow an estimated 400,000 individuals to qualify for drivers’ licenses. The law imposes several requirements on undocumented immigrants who are applying for a driver’s license.
An applicant must provide proof that they have resided in Virginia for at least 12 months. Along with this, an applicant must provide proof of income. Specifically, an applicant must provide proof that they have paid income taxes in Virginia within 12 months of their application or provide proof that they are claimed as a dependent on another individual’s tax return that was filed in Virginia 12 months prior to their application. An applicant must also take and pass the driver’s exam. Finally, an applicant must also provide proof of motor vehicle insurance or pay a fee to the Commonwealth of Virginia.
Under this new law, driver privilege cards issued by the Commonwealth of Virginia are not considered valid under the Federal Real ID law. However, a driver privilege card will be considered a valid form of identification in the Commonwealth of Virginia.
Portner & Shure, P.A.’s Approach & Defenses
The Commonwealth’s Attorney will treat all DUI cases seriously and will rarely drop a case, even those with weak criminal evidence. When evaluating the State’s case for weaknesses, the Vienna DUI defense attorneys at Portner & Shure look for common weak points, such as the police officer’s basis for the stop and whether the chemical breath test was administered correctly. As each case is different, these facts may present potential legal and factual defenses that can be used at trial or during plea negotiations. In cases where a plea deal is preferable, we can use our vast experience to negotiate a favorable plea deal.
