While the best sort of legal defense would be to convince you not do it in the first place, the second would be to find a lawyer with a very firm grasp on the VA penalty system so that you might identify which consequences will hurt you most, and which will have the most impact on your reputation and your future alike. Without adequate legal representation, you could find yourself reeling in the horror show that is all of your potential consequences, including but not limited to jail time, losing your license and your vehicle, hikes in your insurance payments, and state-sponsored rehabilitation programs.
In the state of Virginia, you are breaking the law if:.
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For example, an ordinary first-time offender will be facing no mandatory jail time, whereas someone with a much higher BAC will be looking at a jail sentence of 5 full days, minimum. If the BAC is 0. Other possible factors which would threaten your defense include having a minor in your car at the time of your arrest, or transporting an open container: Bad.
Even if you happen to be someone so fortunate to have never been in trouble with the law, you know that every legal scenario, and the possible outcomes a judge can deliver to suit a particular crime may vary on a case-by-case basis. That being said, the state of Virginia is pretty stringent when it comes to drinking and driving, and the maximum punishments available to you can appear horribly daunting. Well, you know what they say. Know your enemy. This is considered a Class 1 misdemeanor. If you are convicted, a host of other things can follow.
These things include:.
What are the penalties for a first DUI offense in Virginia? | Bob Battle Law
However in terms of your driving record and associated point accumulation, it will last 11 years. Again, a Class 1 misdemeanor. While several of the maximum punishments set for first-time offenders are still in place here, the mandatory minimum sentencing areas are more extreme…as one might reasonably assume. Upon your second DUI conviction, you should expect the following:. All the same conditions surrounding your criminal and driving records are the same for a second offense. Also, to make things even more complicated, there is one more caveat associated with a second offense in five years: a mandatory minimum jail sentence of 20 days instead.
What is Drunk Driving?
If you thought things were heating up before, think again. This is considered a Class 6 felony. Yes, this exists, and it is really, really bad. This is, surprisingly enough, also a felony conviction and is punishable by the following items:. Losing your license in this scenario is a pretty scary subject, and a little complicated as well.
First Time DUI Charges Are Serious
Upon your arrest, you would face immediate suspension, which would last until the day of your trial. Upon conviction, your license would definitely be revoked and you may not be allowed to drive in the state of Virginia ever again. Exceptions to this include: A Application for restricted license after 3 years, and B Petition for restoration of driving privileges after 5 years. But wait—one important question remains unanswered: Can you really not drive upon having your license revoked, like at all? Luckily, the court can oftentimes be persuaded to show some leniency when it comes to getting around without a valid license.
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- What are the Penalties for a First DUI Offense in Virginia? - Andrew Flusche;
Depending on the jurisdiction, there are a lot of specific things that need to be given to the court, procedures that need to be followed, and specific statutory guidelines on how restricted licenses are supposed to operate. An attorney could help with that. That is a huge range. There could be anywhere from zero jail time for somebody who has a first offense all the way up to a year in jail. There is a wide range of punishments, none of which a person would want to risk happening to them. There are a lot of factors to be considered in addition to all the nuances of how the system works, including defenses and post-conviction relief such as working out how to serve jail time, how to pay fines, and how to pay for classes.
All those things can be simplified with the help of an experienced DUI attorney. Thomas was very helpful in my case in Fairfax. He was on time to all of our appointments, and the agreement was fair. He fought for me as he promised he would in a very professional manner. He was eager to get working as soon as possible, and by virtue of his diligence he got the result that I was hoping for.
I would recommend Thomas Soldan to anyone looking for legal help […].
What are the penalties for a first DUI offense in VA?
In a court where these tickets are rarely reduced or dropped, Mr. Soldan was able to win a complete dismissal of my charge, based on his exceptional knowledge of the laws, excellent court manners and thorough preparation for […]. For more interview material, click here. Recent Case Results. See More Client Reviews.