What Happens if I'm Charged with my Second DWI in Virginia?

Drinking and driving carries significant penalties, not just life or death, but also criminally. Virginia is known to be one of the most strict states when it comes to criminal and traffic offenses. A first-time DWI in many cases will result in some jail time, as well as significant administrative penalties, including driver's license suspension and installation of an ignition interlock device.

However, a second subsequent DWI will result in even harsher penalties. If your second DWI is within five years of your first offense and your blood alcohol concentration is under 0.15, there is a mandatory minimum requirement of 20 days in jail and at least a $500 fine. If you are convicted in court, your driver's license will be suspended for three years. If your second DWI within five years of the first offense results in a blood alcohol concentration over 0.15, there is a mandatory minimum requirement of 30 days in jail and a fine up to $2,500.

If your second subsequent DWI is within ten years of the first offense and your blood alcohol concentration is under 0.14, there is a mandatory minimum requirement of 10 days in jail.

As you can see, Virginia does not mess around when it comes to drinking and driving. If you are charged with your second subsequent DWI in Virginia, call the experienced attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

3 Things to Know About DWI in Virginia

Every state handles drinking and driving a little bit differently. Some states are more strict with penalties handed out than other states. Unfortunately, Virginia is one of those states that is tough on practically every criminal and traffic offense. Here are three things to keep in mind if you are arrested for a DWI in Virginia:

1. Your driver's license--While some states handle the administrative aspect of any driver's license suspension or restriction separately from the court system, Virginia actually handles driver's license suspensions and restrictions directly through the court system. So instead of a possible second court appearance for an administrative hearing for driver's license issues (Maryland does this with the MVA), Virginia DMV does not handle driver's license issues related to DWIs.
2. Alcohol Treatment--Some states prefer that alcohol treatment or education classes be completed prior to the court appearance. (For example, in Maryland, we have our DUI clients complete alcohol treatment before going to court so that we can show the judge their completion certificate and it is one less step for the client to have to go through after court). Virginia, however, does not care about alcohol treatment being completed prior to court because the judge will instruct the DWI offender to complete VASAP classes. VASAP is Virginia's own alcohol safety education program.
3. PBJ--Everyone who is arrested for DWI always wants to get the offense immediately erased from their record. Some states allow special pleas, such as a probation before judgment (PBJ), that allow the defendant to avoid a conviction on their record. Virginia does not have the option for a PBJ. Instead, if you want to avoid a conviction for your DWI, your attorney will have to find a way to have your case dismissed.

If you are arrested for DWI in Virginia, you must take this charge very seriously and hire an experienced attorney to represent you. Call Portner & Shure today for a free consultation: (703) 916-1227.

What is an Ignition Interlock Device and How Does it Work?

Many states, including Virginia, require the use of an ignition interlock device by anyone convicted of a DWI. Not everyone knows what they are or how they work. In fact, there are various providers that are able to install the device and monitor it each month. What many people do not know is that the fees associated with the interlock device are quite steep. There is an initial installation fee, plus a monthly fee, so the cost of drinking and driving can increase quickly.

Once installed, the driver must blow into the device in order to be able to start their vehicle. If there is no alcohol detected, the vehicle will start. Every so often, the driver will be required to blow into the tube. If the machine detects alcohol during what are called the "rolling tests," the machine will not allow the driver to continue operating the vehicle. If the machine detects alcohol during the initial test in order to start the vehicle, you will have to re-test a short time later. If you fail the test again, it will be reported back to the interlock provider as a violation and that can result in a longer period for using the device.

Drivers with an interlock device should always remember that the machine is VERY SENSITIVE. That means that any consumption of anything with even trace amounts of alcohol will likely result in a failed attempt. The most common substance that results in a failed attempt is mouthwash.

If you have been arrested for DWI in Virginia, call Portner & Shure for a free consultation and let us help walk you through the process: (703) 916-1227