Fairfax Criminal Defense Lawyers Aggressively Defending Clients Against Steep DUI Penalties

Virginia has some of the toughest DUI penalties in the country. However, the state's DUI laws are far from clear, and even some of the best DUI defense attorneys have a hard time determining what their clients are facing. At the same time, it's almost impossible to develop an effective defense strategy unless you understand what's at stake. At Robinson Law, PLLC, we have decades of combined experience handling DUI cases and spend countless hours keeping up-to-date on all recent developments in Virginia DUI law. That way, we can advise you on all of your options from the very beginning, and together, we can come up with the best strategy to keep you out of jail and get you back on the road.

What Are The Penalties For A Fairfax DUI Conviction?

When talking about Virginia DUI punishments, it's important to make the distinction between administrative and criminal penalties. As soon as you are arrested for a DUI, there are two different legal proceedings will begin: a civil case and a criminal case. The civil, or administrative, case is focused on whether and for how long your license will be suspended or revoked, whereas the criminal case is focused on what punishment you should receive if you are found guilty.

Administrative License Suspensions

Administrative penalties are those that you'll experience based on being arrested for driving under the influence of alcohol or drugs. These penalties attach regardless of whether you're convicted. For example, the moment you are arrested for a DUI, the arresting officer will confiscate your driver's license. If it is your first DUI, the suspension will last for seven days. However, for a second DUI offense, the suspension will be for 60 days or until your trial, whichever is sooner. If this is your third DUI arrest, your license will be suspended until your case goes to trial.

Criminal DUI Punishments

Virginia law establishes varying degrees of punishments depending on the number of prior DUI convictions on your record.

First DUI Offense

A first-offense DUI is a Class 1 misdemeanor, punishable by:

• Up to a year in jail, but no mandatory minimum sentence of incarceration
• A fine of at least $250, up to $2,500, and
• 12-month driver's license suspension

However, if your blood alcohol content was greater than .15%, you'll face a mandatory jail term of five days. And if your BAC was over .20%, that will be increased to 10 days in jail.

Second DUI Offense

A second-offense DUI is a Class 1 misdemeanor. However, the seriousness of the offense is determined, in part, by when your last conviction was.

If your first DUI was within five years:

• A minimum of 20 days in jail (and up to a year in jail)
• A fine of at least $500, and
• Three-year driver's license revocation

If your first DUI was between five to ten years ago:

• A minimum of 10 days in jail (and up to a year in jail)
• A fine of at least $500, and
• Three-year driver's license revocation

Again, you'll face an additional ten days in jail if your BAC was over .15% and 20 days in jail if your BAC was over .20%.

Third DUI Offense

If you have two prior DUIs, your third is considered a Class 6 felony, which carries extremely harsh punishments, including:

• A minimum of 90 days in jail (up to five years in jail)
• A fine of at least $1,000
• Three-year driver's license revocation

If your two prior DUIs were within the past five years, the mandatory jail sentence increases to six months.

Of course, judges have some discretion in the sentence they hand down, and it's important to have an experienced Fairfax criminal defense attorney representing you to ensure that the judge hears all mitigating evidence suggesting why a lesser punishment is appropriate.

Virginia Alcohol Safety Action Program Classes

One of the potential punishments for a DUI conviction in Virginia is a substance abuse education program called the Virginia Alcohol Safety Action Program (VASAP). Virginia drivers are frequently required to complete the VASAP program, under Virginia Code 18.2-271.1, to re-obtain their license after their first or second DUI.

The start of the VASAP program includes an intake process to evaluate a participant and identify if they have a substance abuse problem. If a substance abuse disorder is identified, the participant may be referred to a VASAP treatment program. If approved for the VASAP, the participant will go through a 10-week course, which can include classes, supervision monitoring and substance abuse treatment. The course will cover general education on substance abuse and how it affects drivers.

Once the course is completed and fees are paid, the participant can recover their driver's license. Failing to complete the class, however, may lead to a prolonged suspension.

Ignition Interlock Device

Drivers convicted of a DUI in Virginia may be required to have an ignition interlock device connected to their vehicles. An ignition interlock device is a type of breathalyzer that is used to test a driver's blood alcohol content (BAC), which is the amount of alcohol found in the body.

Once used, the device will lock the vehicle from starting if the driver's BAC is .02% or greater. The device will require drivers to perform a "rolling reset," which is a test done about every 20-30 minutes while the car is in motion. Failing the rolling reset will cause the car alarms to go off and alert the police. Tampering with the device is a punishable offense, and many people feel like the device is difficult to use and embarrassing.

Insurance Rates Increase

Besides criminal charges, jail time and fees for drunk driving, a driver's insurance rate can increase. Insurance companies may raise a driver's insurance, revoke their coverage or fail to renew the driver's coverage after a drunk driving conviction. Drivers may need to acquire an FR-44 certificate to apply for special insurance coverage, which provides limited coverage at a higher cost.

Speak With An Experienced Fairfax DUI Defense Attorney About Your Case Today

If you're facing DUI charges in Fairfax County or anywhere else in northern Virginia, your next move should be to call Robinson Law, PLLC, to set up a free consultation. At Robinson Law, PLLC, we've assembled a dedicated team of criminal defense attorneys, each of which has significant hands-on experience handling DUI cases. We understand what's at stake and are ready to put in the work to ensure that we secure the most favorable result in your case. To learn more and to schedule a free consultation today, call 703-844-3746. You can also connect with us through our online contact form. We proudly represent clients in Fairfax, Loudoun, Stafford counties and Suffolk, as well as throughout northern Virginia.