At Driving Defense Law, we are ready and prepared to defend your rights and zealously advocate on your behalf.
Our experienced attorneys know how to navigate the local courts in Virginia. Our traffic attorneys will evaluate your options and create a game plan to dismiss or minimize your offense.
Driving Under the Influence (DUI)
Virginia treats all first offense DUI and DWI as criminal acts in the VA criminal law chapter.
If you have been charged with a DUI you need to seek representation from Driving Defense Law as soon as possible to ensure that you are protected.
In Virginia you can be charged with a DUI if your blood alcohol concentration (BAC) is 0.08 percent or higher, or if you have detectable controlled substances in your system. Including:
- 0.02 milligrams of cocaine
- 0.1 milligrams of methamphetamine
- 0.01 milligrams of phencyclidine
- 0.1 milligrams of 3,4 methylenedioxymethamphetamine
The penalties for a DUI conviction depends on whether you have prior DUI convictions and whether you are under the age of 21.
Penalties of Driving Under the Influence in Virginia
First DUI
If this is your first DUI conviction, you are facing a mandatory minimum fine of $250, a requirement to complete the Alcohol Safety Action Program (ASAP), up to 12 months in jail, and a one-year license revocation.
Second DUI
If this is your second DUI conviction, you are facing a mandatory minimum fine of $500, a requirement to complete ASAP, a potential one-year jail sentence, and a three year license revocation. You could also face a mandatory 10 day jail sentence if it is your second DUI in a 10 year period, or a 20 day jail sentence if it is your second DUI in a 5 year period.
Third DUI
If this is your third DUI conviction then you are facing felony charges. Including a mandatory minimum fine of $1,000, a requirement to complete ASAP, an indefinite revocation of driving privileges, and a potential one-to-five-year sentence of imprisonment. You are also facing a potential 90 day jail term and the forfeiture of the vehicle you were driving if it is your third DUI in 10 years. A third conviction within 5 years produces a mandatory sentence of six months in jail.
Underage DUI
If you are underage and convicted of a DUI you are facing a mandatory one year suspension of driving privileges, a minimum fine of $500 or 50 hours of community service and up to 12 months in jail.
Demerit Points – 6 points
If you are convicted of a DUI you should also expect to receive six demerit points on your record.
- Driving while intoxicated (11 years)
- Driving under the influence of alcohol or drugs (11 years)
- Driving under the influence of drugs (11 years)
- Driving after illegally consuming alcohol (under the age of 21) (3 years)
- Driving while intoxicated – maiming (11 years)
- Involuntary manslaughter/alcohol (11 years)
- Refusing blood/breath test (11 years)
- Driving while your license is suspended or revoked for driving while intoxicated (11 years)
- Driving while your license is revoked for driving while intoxicated – maiming (11 years)
- Driving while your license is revoked for driving while intoxicated – involuntary manslaughter (11 years)
Virginia Code
18.2-266 Driving Motor Vehicle, Engine, etc., while Intoxicated – § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc (virginia.gov)
- While such a person has a blood alcohol concentration of 0.08 percent of alcohol
- Blood concentration of:
- 0.02 milligrams of cocaine
- 0.1 milligrams of methamphetamine
- 0.01 milligrams of phencyclidine
- 0.1 milligrams of 3,4 methylenedioxymethamphetamine
18.2-270 Penalty for Driving while Intoxicated etc. – § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction (virginia.gov)
Involuntary Manslaughter
18.2-36.1 Conduct Punishable as Involuntary Manslaughter – § 18.2-36.1. Certain conduct punishable as involuntary manslaughter (virginia.gov)
- Any person, as a result of driving under the influence, causes the death of another person, will be guilty of involuntary manslaughter
- If the conduct showed a reckless disregard for human life, he is guilty of aggravated involuntary manslaughter
Virginia Beach DUI Attorneys – Driving Defense Law
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SPEAK WITH US ABOUT DUI DEFENSE TODAY
Contact us today and schedule a consultation to discuss how to begin structuring your DUI defense. To reach us, call or text 757-929-0335.
What is the difference between a DUI and DWI in Virginia?
In Virginia, there is no legal distinction between the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). Both terms are used interchangeably and refer to the offense of operating a vehicle while impaired by alcohol or other substances. In Virginia, DUI and DWI are essentially the same offense, with no legal distinction between the two in terms of definition, penalties, or enforcement. If you have been charged with a DUI or DWI, contact Driving Defense Law today.
Should I speak to an attorney about a drunk driving charge?
Legal Expertise: DUI (Driving Under the Influence) laws can be complex and vary significantly by location. An attorney specializing in DUI cases will know the laws specific to your state.
Case Evaluation: An attorney can evaluate the specifics of your case, including the circumstances of your arrest and the evidence against you. This assessment is crucial for developing a defense strategy.
Protecting Your Rights: An attorney ensures that your rights are protected throughout the legal process. This includes making sure that the law enforcement procedures used in your case were lawful.
Potential for Better Outcomes: With professional legal representation, you may have a better chance of a favorable outcome, such as a dismissal or reduction of charges, lighter penalties, or a not guilty verdict.
Remember, every DUI case is unique, and the benefits of having legal representation can be significant. An experienced drunk driving attorney can provide specific advice about your unique situation.
