Virginia is Tough on Drunk Driving!
Being convicted of DUI / DWI in Virginia can have life changing consequences. Being arrested for DUI DWI in Virginia doesn’t have to mean that you will be convicted. However, it is very important to have an experienced DUI DWI lawyer representing your legal interests and ensuring that your DUI DWI arrest was conducted according to current Virginia DUI laws.
Our Richmond criminal defense attorneys have successfully represented numerous clients that have been charged with DUI DWI in the Richmond, Virginia area including Henrico County, Chesterfield County, and Hanover County.
There are a lot of factors that go into each and every DUI DWI arrest and the prosecution must prove that all aspects of Virginia DUI laws were followed correctly and that you were in fact driving while under the influence or driving while intoxicated. Our DUI DWI lawyers understand Virginia DUI DWI laws and will ensure that your legal rights were not violated and will fight to obtain the most favorable result possible.
We will look at your DUI DWI arrest report and determine if there were mistakes made that violated your rights or if the arresting officer did not follow current DUI DWI law procedures. In addition, our experienced attorneys will closely examine any field sobriety tests that may have been performed and ensure they were administered according to current Virginia laws.
Don’t Face DUI DWI Charges Alone – Contact Our Experienced DUI Lawyers Today For A Free Legal Consultation!
Virginia DUI DWI Penalties
The following are the various penalties, fines and consequences of DUI DWI convictions in Virginia
First Virginia DUI DWI Conviction: The penalty for a first conviction for DWI is a maximum fine of $2,500, imprisonment for up to 12 months (all of which can be suspended), and a one-year suspension of the person’s driving privileges beginning on the date of judgment. However, if the blood alcohol concentration of the defendant at the time of testing was between 0.15 to 0.20, there is a 5-day mandatory minimum sentence of incarceration that cannot be suspended. If the blood alcohol concentration was greater than 0.20, there is an additional mandatory minimum sentence of 10 days of incarceration. There is also a 5-day mandatory minimum sentence and a $500-$1,000 fine for anyone convicted of DWI committed while transporting a person 17 years old or younger.
Second Virginia DUI DWI Conviction: The penalty for a second DWI conviction within a 5-year period is a mandatory minimum fine of $500 and confinement in jail for 30 days to one year. Twenty of those days cannot be suspended. A second conviction within a 5 to 10 year period is punishable by a mandatory minimum fine of $500 and at least 30 days in jail, 10 of which cannot be suspended. If, upon a second DWI conviction, the person’s blood alcohol concentration was between 0.15 to 0.20, the penalty is an additional mandatory minimum period of 10 days. If the level is above 0.20, there is an additional 20 days of mandatory incarceration. A second conviction within a 10-year period also results in a three-year period of license suspension, beginning on the date of judgment.
Third Virginia DUI DWI Conviction: The penalty for a third DWI conviction within 10 years is a term of imprisonment of one to 5 years and a maximum fine of $2,500, with a mandatory minimum sentence of 90 days. If the three convictions were within 5 years, the mandatory minimum sentence is 6 months and a $1,000 fine. A third conviction within a 10-year period also results in an “indefinite” revocation of the person’s driving privileges.
Fourth and Subsequent Virginia DUI DWI Convictions: A person convicted of a fourth DWI conviction within a 10-year period will be sentenced to a mandatory minimum term of imprisonment of one-year incarceration and fined at least $1,000.
Source: Virginia Criminal Code § 18.2-270. Virginia Criminal Code § 18.2-271.