1.
Driving under the influence in VA is a serious
charge with harsh mandatory sentences.
a.
The amount of jail time you could face, the
fine, and length of license suspension depend on two things – your BAC, and the
number of priors you have.
2.
First time offenders
a.
With a BAC below .15 you will not face mandatory
jail time, but a judge can impose a sentence up to one year. If you caused an accident you could
definitely still be looking at jail time even if it’s your first time and you
have a low BAC.
b.
A BAC above .15 carries a mandatory minimum jail
sentence of 5 days.
c.
A BAC above .20 will get you a 10 day minimum
sentence.
d.
Your license will be suspended automatically for
12 months.
i.
In order to get a restricted driver’s license,
you’ll have to install an ignition interlock device on your vehicle and be
monitored through VASAP – the Virginia Alcohol Safety Action Program.
3.
Unlike in Maryland, there is no probation before
judgment for first time offenders.
a.
Every guilty finding results in a conviction.
b.
One way an attorney can help first time
offenders is to broker an agreement with the State’s Attorney to an amended
charge.
i.
For example, first time offenses with a low BAC
can sometimes by pleaded down to a “wet reckless” charge, which is a type of
reckless driving charge.
ii.
A wet reckless doesn’t count as a DUI offense
for purposes of your criminal record and carries no mandatory jail time.
4.
Second time offenders
a.
For second time offenders, the stakes go way up.
b.
If it’s your second offense in five years,
you’re facing a mandatory minimum of a 30 day jail sentence.
i.
If your BAC is below .15, you might get out in
20 days, but if your BAC is above .15, you’ll serve the sentence day for day.
ii.
A BAC above .20 will get you a mandatory 40 day
sentence.
c.
All second time offenders will see their license
suspended for three years. You won’t be
eligible for a restricted license until one full year of hard suspension is
served.
5.
Third time offenders
a.
A third DUI within ten years is a felony and
carries a 1-5 year sentence to be served in state prison.
b.
For offenders with three DUI’s in five years,
the mandatory minimum of executed time in prison is six months.
If you are charged with
DUI/DWI in Virginia and would like a free legal consultation or if you would like more
information 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/
No comments:
Post a Comment