An arrest for driving under the influence of any intoxicant—alcohol, illegal drugs, prescription medication, over-the-counter medication (including sleeping pills)—is a serious crime—a Class One Misdemeanor.
An arrest and/or conviction for driving under the influence can affect you professionally, personally, financially and emotionally. It may also seriously affect your privilege to operate a motor vehicle in Virginia. In fact, the Virginia Department of Motor Vehicles may administratively suspend your driver’s license immediately upon your arrest, which can last as few as seven days or until your trial date.
Given the serious nature of this offense, contact Harold Law Firm immediately if you are arrested for driving under the influence. From the moment you are stopped or have contact with law enforcement, the decisions and statements you make will impact your rights and the outcome of your case. Mr. Harold is always responsive, discreet and fully qualified to handle your case. He will vigorously attempt to protect your rights and your driving privileges immediately and throughout the legal process.
If you’ve been charged in the Commonwealth of Virginia with driving under the influence or driving while intoxicated, contact the Harold Law Firm immediately to receive confidential, skilled representation dedicated to helping you obtain the best possible outcome.
DRIVING UNDER THE INFLUENCE OF ALCOHOL
Driving under the influence is a serious charge in Virginia. Under Virginia law, it is presumed (inferred) that you are driving or operating under the influence if your blood alcohol content (BAC) is .08 percent or higher when operating a motor vehicle, boat or watercraft. You also may be convicted of driving under the influence of alcohol—and face the same penalties—if your BAC is under .08.
POSSESSION OF OPEN CONTAINER WHILE OPERATING A MOTOR VEHICLE
You may be charged with possession of an open container while operating a motor vehicle if you are stopped by law enforcement and: 1) have an open container of alcohol in the passenger area, 2) the contents of which have been partially removed and 3) you exhibit signs that you have been drinking. The “passenger area” refers to the area designed to seat the driver and passengers and consists of any area within the driver’s reach, including an unlocked glove compartment.
ADMINISTRATIVE LICENSE SUSPENSION
For a first DUI/DWI offense and/or breath test refusal, your driver’s license can be automatically suspended for seven days if your BAC is .08 percent or higher. For a second DUI/DWI offense and/or breath test refusal, your license can be automatically suspended for 60 days or until you go to trial, whichever comes first. For a third DUI/DWI offense and/or breath test refusal, your license can be automatically suspended until you go to trial. Conviction of a DUI/DWI offense will result in suspension of your driver’s license and other penalties in addition to the administrative suspension.
REFUSAL TO SUBMIT TO A BLOOD OR BREATH TEST
In Virginia, you do not have the option of requesting a blood test instead of a breath test for a DUI/DWI offense. If a breath test is not available, then a blood test will be used. If you have a prior DUI/DWI conviction or Refusal conviction, you will be charged with a Class 2 misdemeanor for refusing to take a blood or breath test. If you have had two DUI/DWI convictions or Refusal convictions within a 10-year period, you will be charged with a Class 1 misdemeanor. Both offenses carry a three-year license suspension. If you are convicted of Refusal, the court will suspend your driving privilege for one year. If you are also convicted of DUI/DWI, the DUI/DWI driver’s license revocation period will run consecutively with the refusal revocation. You are not eligible for a restricted driver’s license during the suspension for Refusal.
VIRGINIA IS EXTREMELY TOUGH ON DUI/DWI: PENALTIES
1st Offense DWI/DUI – Class 1 Misdemeanor
1st Offense DWI/DUI .14 BAC or below – up to 12 months in jail with no mandatory minimum jail sentence, potential increase in active jail sentence, 12 month loss of license with ignition interlock, Alcohol Safety Action Program (ASAP) classes and a fine of up to $2,500 with a $250 minimum fine.
1st Offense DWI/DUI .15 to .20 BAC – up to 12 months in jail with a mandatory minimum active jail sentence of five days, potential increase in active jail sentence, 12 month loss of license with ignition interlock, ASAP classes and a fine of up to $2,500 with a $250 minimum fine.
1st Offense DWI/DUI .21 BAC and above – up to 12 months in jail with a mandatory minimum active jail sentence of 10 days, potential increase in active jail sentence, 12 month loss of license with ignition interlock, ASAP classes and a fine of up to $2,500 with a $250 minimum fine.
2nd Offense DWI/DUI Within Less Than Five Years – Class 1 Misdemeanor
2nd Offense DWI/DUI within less than five years, .14 BAC or below – from 30 days up to 12 months in jail with a mandatory minimum active jail sentence of 20 days, potential increase in active jail sentence, 36 month loss of license with no restricted license for the first 12 months followed by 24 months of ignition interlock, ASAP classes and a fine of up to $2,500 with a $500 minimum fine.
2nd Offense DWI/DUI within less than five years, .15 to .20 BAC – from 30 days up to 12 months in jail with a mandatory minimum active jail sentence of 30 days, potential increase in active jail sentence, 36 month loss of license with no restricted license for the first 12 months followed by 24 months of ignition interlock, ASAP classes and a fine of up to $2,500 with a $500 minimum fine.
2nd Offense DWI/DUI within less than five years, .21 BAC and above – from 30 days to 12 months in jail with a mandatory minimum active jail sentence of 40 days, potential increase in active jail sentence, 36 month loss of license with no restricted license for the first 12 months followed by 24 months of ignition interlock, ASAP classes and a fine of up to $2,500 with a $500 minimum fine.
2nd Offense DWI/DUI Within 10 Years – Class 1 Misdemeanor
2nd Offense DWI/DUI within 10 years, .14 BAC or below – up to 12 months in jail with a mandatory minimum active jail sentence of 10 days, potential increase in active jail sentence, 36 month loss of license with no restricted license for the first 4 months followed by 32 months of ignition interlock, ASAP classes and a fine of up to $2,500 with a $500 minimum fine.
2nd Offense DWI/DUI within 10 years, .15 to .20 BAC – up to 12 months in jail with a mandatory minimum active jail sentence of 20 days, potential increase in active jail sentence, 36 month loss of license with no restricted license for the first 4 months followed by 32 months of ignition interlock, ASAP classes and a fine of up to $2,500 with a $500 minimum fine.
2nd Offense DWI/DUI within 10 years, .21 BAC and above – up to 12 months in jail with a mandatory minimum active jail sentence of 30 days, potential increase in active jail sentence, 36 month loss of license with no restricted license for the first 4 months followed by 32 months of ignition interlock, ASAP classes and a fine of up to $2,500 with a $500 minimum fine.
3rd Offense DWI/DUI Within 10 Years – Class 6 Felony
3rd Offense DWI/DUI within 10 years – one to five years in the state penitentiary with a mandatory minimum active jail sentence of 90 days, potential increase in active jail sentence, indefinite loss of license, a mandatory minimum fine of at least $1,000 with a maximum of up to $2,500 and potential forfeiture of vehicle.
3rd Offense DWI/DUI within less than five years – one to five years in the state penitentiary with a mandatory minimum active jail sentence of six months, potential increase in active jail sentence, indefinite loss of license, a mandatory minimum fine of at least $1,000 with a maximum of up to $2,500 and potential forfeiture of vehicle.
4th or Subsequent Offense DWI/DUI Within 10 Years – Class 6 Felony
4th or subsequent Offense DWI/DUI within 10 years – one to five years in the state penitentiary with a mandatory minimum active jail sentence of one year, potential increase in active jail sentence, indefinite loss of license, a mandatory minimum fine of at least $1,000 with a maximum of up to $2,500 and potential forfeiture of vehicle.
DRIVING AFTER ILLEGALLY CONSUMING ALCOHOL
If you are convicted of driving DUI/DWI and found to have a BAC between .02 percent and .08 percent, the court penalty will include a suspension of your driving privileges for one year from the date of conviction and a minimum mandatory fine of $500 or the requirement that you complete at least 50 hours of community service.
Do not risk your life, family, career or your freedom. If you are arrested for DUI/DWI, whether it is your first offense or you have a multiple offense history, the Harold Law Firm is your answer. Contact Mr. Harold to discuss your situation. You will receive his confidential, skilled representation and benefit from his vast legal experience in this area.