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Located in Midlothian, Virginia across
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DUI? Penalties for Drunk Driving

Posted on August 20th, 2014

Written by: Ross Charles Allen

State and local law enforcement are focused on arresting intoxicated drivers, and as more offenses become primary offenses, probable cause becomes less of an issue.

I represent individuals who are accused of driving while intoxicated. More often than not the client’s first question is: “If I am convicted, what type of punishment am I facing?” Like most other issues relating to law, it depends.

Below are the penalties to the DUI scenarios I see most often:

A first DUI will be charged as a Class 1 Misdemeanor with punishment ranging from a mandatory minimum $250.00 fine to a maximum fine of $2,500.00, and jail time from a minimum of 0 days in jail to a maximum of 12 months in jail. If the Blood Alcohol Content (BAC) is greater than or equal to .15 there is a mandatory jail sentence of 5 days. If the BAC is greater than or equal to .20 the mandatory minimum sentence is increased from 5 days to 10 days. It is important to note that all mandatory time must be served.

Along with a fine and potential jail time, an individual convicted of a DUI must complete a Virginia Alcohol Safety Action Program (VASAP), will have their license suspended for 1 year, and must have an ignition interlock installed on all vehicles owned by the person convicted of the DUI. A restricted driver’s license is possible.

A second DUI within 5 years is also charged as a Class 1 Misdemeanor, but the penalties are increased to a mandatory minimum fine of $500.00 to a maximum fine of $5,000.00, and a mandatory jail sentence of 20 days which increases to 30 days if the BAC is greater than or equal to .15 and 40 days if the BAC is greater than or equal to .20. The maximum jail sentence stays the same at 12 months in jail.

The individual’s driver’s license is suspended for 3 years, and a restricted driver’s license is not possible until after 1 year. Additionally, there is a mandatory VASAP referral, and an ignition interlock must be installed on all vehicles belonging to the convicted individual.

A second DUI within 5 to 10 years is still a Class 1 Misdemeanor punishable by a $500.00 mandatory minimum fine up to a maximum fine of $2,500.00. Jail time ranges from a mandatory minimum of 10 days to a mandatory 20 days if the BAC is greater than or equal to .15, or a mandatory 30 days if the BAC is greater than or equal to .20. The maximum jail time is still 12 months.

The convicted individual’s driver’s license is suspended for 3 years, but a restricted driver’s license is possible after 4 months. Additionally, there is a mandatory VASAP referral, and an ignition interlock must be installed on all vehicles belonging to the convicted person.

As stated above, these are the penalties to the most common DUI scenarios I see. Please feel free to contact me at any time for more information or for representation.

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