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.

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

What a SCRAM

            When an individual has multiple DUI convictions on their record, a judge favors additional stipulations during their probation period. These disciplinary methods may include curfews, in-home visits from a probation officer, ignition interlock devices, possibly even a SCRAM bracelet.

Now what exactly is a SCRAM bracelet? SCRAM stands for Secure Continuous Remote Alcohol Monitoring. It is a device that is fastened around one’s ankle. It is able to detect alcohol consumption by measuring perspiration levels.

           For the most part, the devices are fairly reliable. They can indicate even the smallest amount of alcohol. SCRAM bracelets work essentially the same as a house arrest bracelet works with perimeters. When alcohol has been detected in your system, it alerts your probation officer. Although the bracelet has been known to be pretty accurate, there have also been several cases of false positives. Do not get stuck with a harsher punishment because your bracelet generated a false positive.

           If you or a family member have been charged with a DUI in the state of Virginia and would like a free consultation, or if you would like more information about DUI’s, please do not hesitate to contact our office at (703) 916-1227 and schedule an appoint at one of our several locations, or visit our webpage at http://www.portnerandshure.com/Maryland-Criminal-Defense/Maryland-DUI-DWI/Virginia-DUI-DWI.shtml

Virginia DUI Attorney: Uber and Lyft Drivers with Ignition Interlocks is a Problem

While Uber and Lyft continue to be immensely popular, various safety issues have surrounded the ride-sharing companies.  A new issue that has cropped up involves drivers with interlock devices in their car who are forced to blow into the machine during a pick-up.  Uber and Lyft have both come under fire for their background check policies in the past.  According to company policies for both companies, “people who have been convicted of an alcohol-related offense within the past seven years aren’t allowed to drive for Uber or Lyft.”

            

            The background checks that both companies conduct before hiring a new driver are supposed to catch criminal and traffic convictions.   For two companies that tout how important safety is to them, it is surprising that there are some drivers that manage to sneak through the cracks.  For a job that is solely based on driving, there should not be anyone with an alcohol-related offense on their record who is driving people around as a job.  This has become a problem in many states because once an initial background check is conducted, there are no follow ups.  So, if a driver who had no convictions when the background check was conducted, but a year later gets a DUI, there is no requirement that further checks be conducted each year.  This is how we get Uber and Lyft drivers on the road with interlock devices installed in their vehicles.

            

            Virginia is a notable exception because, unlike many other states, there is a requirement for drivers to notify the ride-sharing companies of any incident that could jeopardize their employment.  There is a penalty of civil or criminal charges or a yearlong ban for failure to inform.

If you are charged with an alcohol-related offense 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/

Virginia DUI Attorney: The Consequences of Driving Under the Influence

  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/

As Prom and Graduation Season Begins, Officials Warn Students About Drinking and Driving

           Prom season is upon us in Virginia for many high schoolers, and graduation season is just a few weeks away.  Every year around this time, there is usually a spike in DUI-related accidents and arrests.  The Virginia DMV even says that, “more teen drivers in Virginia will be involved in crashes between April and August than any other time of the year.”

            

           While officials and parents are constantly warning teens about the consequences of drinking and driving, one county in Virginia decided to show high school students the dangers firsthand.  Local law enforcement officials conducted a simulation of an accident that was caused by drinking and driving.  In this simulation, an innocent person was killed, another was paralyzed, and the drunk driver was arrested for DUI manslaughter and faces serious jail time.  Officials are hoping that by letting students see the horrific effects of drinking and driving, instead of just telling them about it, that this will save at least one life.

            

            The consequences of making that decision to drink and drive in Virginia are very serious.  In addition to significant fines and losing your driver’s license for a period of time, there is a risk of jail time, especially if you cause an accident or have been convicted of a DUI previously.  Further, you will have to live the rest of your life with a DUI showing up on your record.

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 Alexandria or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/