Penalties By Virginia Dui For Traffic Offenses
Many states in recent years have enacted tougher laws against drunk driving and Virginia is numbered among those states. Drivers facing a criminal charge of driving under the influence of alcohol or drugs should contact a Virginia DUI Attorney before making their first court appearance. A Virginia DUI Attorney can explain the state DUI laws to drivers and the consequences of refusing to take a breath test requested by a police officer.
Under Virginias implied consent law, if a police officer has probable cause to believe that someone is driving under the influence, the driver should consent to taking a test to determine his or her blood alcohol content level. If the driver refuses to take a test, the police officer can suspend that persons license for up to one year. The drivers refusal will also be used against him or her in court.
Drivers convicted of their first DUI offense should expect to pay a $250 fine and have their licensed suspended for one year. The penalty does not include jail time unless a drivers blood alcohol content level was more than .15 percent, which is nearly twice the legal limit of .08 percent. In this case, drivers face a mandatory minimum of five days in jail. Drivers must also use an ignition interlock device on their vehicle after their license is reinstated.
The fines and penalties increase with a second DUI offense. A second misdemeanor conviction carries a maximum penalty of one year in jail, a $500 fine and a driver's license suspension for three years. If the second offense happened within five years of the first conviction, state law mandates the court to sentence a driver to 20 days in jail. A driver faces at least 10 days in jail if the second offense occurred within 10 years of the first offense. The court will also order the driver into an Alcohol Safety Action Program. The ASAP will oversee the driver's three-year probation.
A third DUI conviction becomes a felony charge punishable by a minimum fine of $1,000, an indefinite driver's license suspension and a mandatory six months in jail.
Because of the complex laws and various penalties surrounding DUI charges, drivers should turn to a Fairfax Criminal Lawyer to help them develop legal strategies for their court case. If the driver does not have a DUI history, it is possible that a Fairfax Criminal Lawyer can negotiate with the prosecution to reduce the driver's DUI charges.
Under Virginias implied consent law, if a police officer has probable cause to believe that someone is driving under the influence, the driver should consent to taking a test to determine his or her blood alcohol content level. If the driver refuses to take a test, the police officer can suspend that persons license for up to one year. The drivers refusal will also be used against him or her in court.
Drivers convicted of their first DUI offense should expect to pay a $250 fine and have their licensed suspended for one year. The penalty does not include jail time unless a drivers blood alcohol content level was more than .15 percent, which is nearly twice the legal limit of .08 percent. In this case, drivers face a mandatory minimum of five days in jail. Drivers must also use an ignition interlock device on their vehicle after their license is reinstated.
The fines and penalties increase with a second DUI offense. A second misdemeanor conviction carries a maximum penalty of one year in jail, a $500 fine and a driver's license suspension for three years. If the second offense happened within five years of the first conviction, state law mandates the court to sentence a driver to 20 days in jail. A driver faces at least 10 days in jail if the second offense occurred within 10 years of the first offense. The court will also order the driver into an Alcohol Safety Action Program. The ASAP will oversee the driver's three-year probation.
A third DUI conviction becomes a felony charge punishable by a minimum fine of $1,000, an indefinite driver's license suspension and a mandatory six months in jail.
Because of the complex laws and various penalties surrounding DUI charges, drivers should turn to a Fairfax Criminal Lawyer to help them develop legal strategies for their court case. If the driver does not have a DUI history, it is possible that a Fairfax Criminal Lawyer can negotiate with the prosecution to reduce the driver's DUI charges.
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