Any individual who is charged with a Virginia DUI is subject to various penalties, based on the blood alcohol concentration that they are caught driving with. While Virginia follows the standard 0.08% legal blood alcohol concentration limit that all states in America follow, they impose harsher circumstances depending on how high an individual's blood alcohol concentration is.
Punishment for a Virginia DUI is also increased if an individual has ever been charged with a previous Virginia DUI. Anyone charged with a Virginia DUI may want to contact a Virginia DUI attorney.
A driver who is convicted of a Virginia DUI must pay a fine of at least $250. If a passenger in the car was younger than 18, then $500 to $1000 will be added to that fine. Possible jail sentences vary. If the driver had a passenger in the car who is under the age of 18, they must spend at least five days in jail.
The same rule holds if a driver who is charged with a Virginia DUI had a blood alcohol concentration ranging from 0.15% to 0.20%. If the driver's blood alcohol concentration was 0.20% or higher, then they must spend a mandatory ten days in jail.
If the driver who was charged with a Virginia DUI had a blood alcohol concentration of over 0.15%, then they must use an ignition interlock device and complete a drug and alcohol treatment program. This is true no matter what number Virginia DUI conviction it is. A first Virginia DUI carries a penalty of one year license suspension. Many people choose to hire a Virginia DUI attorney because the penalties of a Virginia DUI are so strict.
The second Virginia DUI offense carries a jail sentence of 20 days to one year, if the first Virginia DUI was within five previous years of the second Virginia DUI. If a minor child under the age of 18 was in the vehicle, that sentence is extended by five days. An ignition interlock device is required and a driver loses their license for a period of three years. Besides the $500 to $1000 fine, any individual charged with a Virginia DUI offense must donate $50 to the Trauma Center Fund and complete an alcohol safety program.
A third Virginia DUI charge can cause the driver to lose their license indefinitely. At the very least, the driver is not allowed to petition the court for at least five years. A fine of at least $1000 is imposed on the driver for their third Virginia DUI charge. If the third offense is within five years of the other two, then the driver must spend at least six months in jail.
A Virginia DUI attorney knows that fighting a Virginia DUI case is a big battle to get involved with. Since police cannot stop a driver for drunk driving unless they have the suspicion that the person has been drinking, a Virginia DUI attorney may try to base their argument on the scenario that the police had no right or reason to stop the individual in the first place, depending on the circumstances. A Virginia DUI is very difficult to fight in court.