If you need a DUI lawyer, the defense attorneys of DSK|Law have decades of experience representing individuals charged with DUI DWI in Northern Virginia and Federal Courts.
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DUI DWI is a class 1 misdemeanor in Virginia. It is punishable by up to 12 months in jail and a $2,500 fine. Unlike many other misdemeanors, there are additional mandatory requirements following a conviction for DUI DWI. These include license suspension, completion of the Virginia Alcohol Safety Action Program (ASAP), and installation of an ignition interlock device.
During a trial there are a number of evidentiary hurdles that a prosecutor must satisfy. First, there must be a reason for the police to stop the vehicle. At trial, the officer will testify about the driving behavior they observed. Second, the police need probable cause for the arrest. The officer will testify about performance on field sobriety tests, the accused’s demeanor and appearance, and the result of the preliminary breath test. Last, there must be proof beyond a reasonable doubt that the driver was intoxicated while driving. The prosecutor will present the result of the breath test administered at the police station. Every DUI lawyer from DSK Law will develop a defense strategy to attack every part of the prosecutors case and get the best possible result.
Virginia DUI Lawyer DWI Lawyer – Drunk Driving Laws
It is illegal in Virginia to drive with a blood alcohol concentration (BAC) of .08 or above. The limit is lower for commercial drivers (0.04) and drivers under the age of 21 (.02). Also, Virginia DUI laws prohibit driving under the influence of illegal drugs. It is even illegal to drive after taking certain prescription drugs if the driver’s ability to drive safely is impaired.
DUI DWI First Offense
A DUI DWI first offense conviction in Virginia requires a mandatory minimum fine of $250, a 1 year license suspension, installation of an ignition interlock device, and completion of the Alcohol Safety Action Program (ASAP). The Court may issue a restricted license that allows driving for work, school, child care, ASAP, and other limited exceptions. If the BAC is 0.08 to 0.14 there is no mandatory jail time, however, there will be a suspended sentence. The suspended jail sentence is conditioned on completion of all the requirements of the sentence and 12 months of general good behavior. If the BAC is 0.15 to 0.19 there is a mandatory 5 day jail sentence. If the BAC is over 0.20 there is a 10 day mandatory sentence.
DUI DWI Second Offense
A DUI DWI second offense conviction requires a mandatory minimum fine of $500, 3 year license suspension, installation of an ignition interlock device, completion of the Alcohol Safety Action Program (ASAP) and a mandatory jail sentence. For a second offense within 5 years there is a mandatory minimum sentence of 20 days in jail. If the BAC is 0.15 to 0.19 there is a mandatory minimum sentence of 30 days in jail. If the BAC is 0.20 or more there is a mandatory minimum sentence of 40 days in jail. For a second offense within 10 years there is a mandatory minimum sentence of 10 days in jail. If the BAC is 0.15 to 0.19 there is a mandatory minimum sentence of 20 days in jail. If the BAC is 0.20 or more there is a mandatory minimum sentence of 30 days in jail.
DUI DWI Third Offense – Felony
A DUI DWI third offense conviction is a class 6 felony if it occurs within 10 years of the first. There will be an indefinite license revocation, a mandatory minimum fine of $1,000, and a mandatory minimum sentence of 90 days in jail. For a third offense within 5 years of the first offense there is a mandatory minimum sentence of 6 months in jail.