Getting arrested for
DUI or DWI in Virginia is a very serious offense with possible consequences,
which include jail time, significant fines, and a license suspension. Unlike nearby states, Virginia DUI laws are some
of the strictest, even for first time offenders.
One
of the most controversial DUI consequences is the requirement of an ignition
interlock device. Half the states
require an interlock device for all DUI offenses, and the other half only
requires the devices in extreme circumstances.
Virginia is one of the states that require an ignition interlock device
for all DUI offenders. However, because a
first-time DUI results in an automatic suspension of your driver’s license, the
only way the interlock device would be required to be installed is if you
request to have a restricted license to be able to drive for work and other limited
purposes, and that request is granted.
Ignition interlock devices in Virginia are required to be installed for
a minimum of six months, but oftentimes a longer period is required. If the interlock device registers a violation
at any time during its period of use, the length of time required to have the device
installed is extended another six months, and the violator risks having his
probation violated. Keep in mind that
when your probation is violated, any suspended jail time is usually rescinded
by the judge and you will have to serve the full amount of your sentence.
Another
consequence of getting a DUI is that you are required to attend, and pay for at
your own expense, classes under the Virginia Alcohol Safety Action Program
(VASAP). Just like other states require
alcohol treatment classes for anyone charged with DUI, Virginia has created
their own program to handle this.
In
addition to interlock devices and VASAP classes, there are significant fines
and jail time associated with DUI convictions.
In most first offense DUI cases, if your BAC is below 0.15, jail time is
avoided. However, if your BAC is between
0.15 and 0.20, there is a mandatory minimum that requires at least 5 days in
jail. If your BAC is above 0.20, you are
required to serve at least 10 days in jail.
If you have committed more than one DUI offense in a 5 or 10 year
period, the required minimum amount of jail time and the amount of fines
increase significantly.
If you are charged with
DUI or DWI in Virginia and would
like a free legal consultation or if you would like more information
on DUI or DWI please feel free to contact our office at (703)
916-1227 and schedule an appointment at our office in Vienna or
throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/
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