Virginia Dui Penalties

When it comes to a DUI charge in the Commonwealth of Virginia there many factors that can change the punishment for a person convicted of a Virginia DUI / DWI. Virginia drunk driving laws use a tiered system of penalties, with heftier fines and longer license suspensions and jail time for repeat offenders. Whether or not a serious or fatal accident was involved can also significantly influence the penalties for a DUI / DWI conviction.

In Virginia, judges will often consider the accused’s prior driving record, whether there was an accident, plus other considerations in each case. However, there are minimum punishments which often apply. The minimum punishment for a Virginia DUI depends on how high their Blood Alcohol Content (BAC) is and whether the person has prior DUIs. A Virginia DUI arrest or conviction may also result in time away from work, or even job loss. A conviction on your record can also make it more difficult to obtain future employment so treat a DUI arrest seriously.

Virginia DUI / DWI 1st, BAC .14 or below

In these cases, there is no required active jail time. It is not unusual to get all suspended jail time, a fine of about $300 and a 12 month loss of license. Individuals in this category will often be allowed to get a Restricted license to drive to work and for other essential travel, but not for any social purposes.

Virginia DUI / DWI 1st, BAC .15-.20

Defendants convicted of their 1st DWI with a BAC between .15-20 face a mandatory 5 days in jail. Additionally, there is likely to be additional suspended jail time, a fine, and a 12 month loss of license. A restricted license may be granted, but typically the defendant will be required to be approved by the ASAP program. The DMV will also require an ignition interlock.

Virginia DUI / DWI 1st, BAC above .20

Defendants in this category face a mandatory 10 days in jail. They will also face a fine and a 12 month loss of license. Completion of the ASAP program is also required. If a restricted license is granted, the DMV will require the defendant’s vehicle be equipped with ignition interlock.

Virginia DUI / DWI, 2nd in 10 years BAC below .15

Defendants in this category face a mandatory 10 days in jail based upon it being their second offense. They will also face a mandatory $500 fine. A conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 10 years, BAC .15-.20

Defendants in this category face a mandatory 10 days in jail based upon it being their second offense and another 10 days based on the elevated BAC for a total minimum of 20 days.  Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 10 years, BAC .21 or higher

Mandatory 10 days in jail based upon it being their second offense and another 20 days based on the elevated BAC for a total minimum of 30 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 5 years, BAC below .15

Mandatory 20 days in jail based upon it being their second offense. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 2nd in 5 years, BAC .15-.20

Mandatory 20 days in jail based upon it being their second offense and another 10 days based on the elevated BAC for a total minimum of 30 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 2nd in 5 years, BAC .21 or higher

Defendants in this category face a mandatory 20 days in jail based upon it being their second offense and another 20 days based on the elevated BAC for a total minimum of 40 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 3rd or Subsequent

Any individual convicted of 3 or more DWIs in 10 years or less faces a felony conviction. Even relative to misdemeanor punishments, these cases have factors that cause tremendous differences in the outcome of the case. A DWI 3rd in 10 years faces a minimum of 90 days in jail. A DWI 3rd in 5 years faces a minimum of 6 months in jail. A 4th DWI faces a minimum of one year in jail.

Every case is unique and has a number of factors that may impact the outcome of the case. The Virginia DUI Lawyers at The Law Firm of Faraji Rosenthall understand the true cost of a Virginia DUI conviction can have very little to do with the punishment handed down by a judge. Typically, a first-time offender could face several days in jail, $1,000 in fines and court costs, community service, alcohol assessment classes, and license suspension.

The Virginia Vasap Program

The Virginia Alcohol Safety Action Program, also known as ASAP or VASAP is a state-run educational program that improves highway safety by decreasing the incidence of driving under the influence of drugs or alcohol.

All individuals convicted of a DWI in Virginia are required by law to participate in VASAP.

Individuals convicted of DWI are assigned to a VASAP counselor, regardless of whether they received a jail time sentence or merely a suspended license. The counselor will evaluate the individual in order to design a program for him/her. The VASAP counselor  will discuss your at-risk behaviors, your previous record, as well as a number of other factors that impact your risk status. The counsellor will then create a program of treatment, which you are required to comply with fully. The penalty for not complying can result in jail time.

VASAP offers a wide range of programs in order to tailor their approach to each individual’s specific situations.

Most basic is the Education Program, a 20-hour program during which participants are expected to maintain sobriety. The Intensive Education program is likewise 20 hours, but is geared towards individuals at increased risk for addiction. VASAP also offers treatment programs for addicted individuals at state-approved facilities.

VASAP offers a Young Offenders Program as well as many programs for Habitual Offenders. The focus of all the programs is to educate, raise self-awareness and -esteem and reduce recidivism.

Reckless Driving In Fairfax Virginia Lawyers

Reckless driving in Fairfax Virginia is Class I misdemeanor. This means that offenders are subject to a variety Virginia reckless driving penalties, even potentially jail time. Virginia reckless driving charges are very serious and best handled by an experienced Northern Virginia Reckless Driving Attorney. Reckless driving can mean points on your license and an increase in insurance costs. Be sure to review our Virginia reckless driving FAQs to learn more about what you can do and expect.

Every Fairfax VA Reckless Driving case is different and no one strategy will work with every case. Every jurisdiction (Arlington, Fairfax, Prince William, etc.) has a slightly different way of doing things. Similarly, even judges and District Attorneys within the same jurisdiction will have varying views. Fairfax Virginia Reckless Driving cases are some of the most commonly litigated cases in Virginia, this frequency gives the Fairfax Va Reckless Driving Lawyer greater ability to predict how judges will react to the facts of your case.

Most Fairfax Virginia reckless driving tickets are based on speed. If you drive more than 20 miles per hour over the speed limit or over 80 miles per hour, you have committed the offense of reckless driving. Virginia Code 46.2-852 states “Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

As with all tickets, it may or may not make sense to hire a Fairfax VA Reckless Driving Attorney. If you are even considering hiring a lawyer, speak to one soon after you get your ticket. The earlier we get started, the more prepared we will be on your court date. Additionally, you should get a copy of your driving record from the DMV. We will also give you a ballpark idea of what sorts of resolutions you can reasonably expect. Additionally, we will provide you with an upfront, flat fee. This fee structure and resolution estimate makes your decision of whether you should hire a lawyer as easy and straightforward as possible. Please call us(703) 934-0101 for a free evaluation of your reckless driving case.