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Chantilly DUI Penalties

A DUI charge can often come as a shock to the individual involved. That person may have never thought they would be facing such a charge, and are overwhelmed at the prospect of any associated penalties. For this reason, it is important that any individual consult with an experienced lawyer in order to build a strong defense and ensure their rights are protected.

First Time DUI Penalties

The penalties for a Chantilly DUI are going to depend on an individual’s criminal record, and on their BAC level. For example, a first time DUI conviction with a BAC less than 0.15 is a class one misdemeanor with penalties of up to a year in jail, a mandatory minimum fine of $250 and, and a one-year license suspension.

A heightened BAC for a first-time offender of 0.15 to 0.20 carries a mandatory minimum of five days in jail, a one-year license suspension, and anything additional that the judge decides to give the individual. With a BAC greater than 0.20, there is a mandatory minimum of 10 days in jail, any license revocation, and anything additional the judge decides to inflict.

Alternative Sentencing

Prosecutors handling Chantilly DUI cases do not offer probation or diversion programs for first-time offenders that would allow them to get out of a DUI charge. That does not exist under Virginia law.

What would happen instead is if an individual has an experienced attorney, they will be able to find flaws in the evidence and use that as leverage to get a better offer, perhaps getting an individual out of a DUI but not due to any kind of prosecutor leniency or diversion program. Any penalties for a Chantilly DUI cannot be made lesser by any sort of out of court program.

Benefits of an Attorney

There are many benefits of working with a knowledgeable, local attorney. That lawyer will have insight on the inner workings of the system that other attorneys may not have if they practice in other counties, or if they are not familiar with the county in which the charge is being held.

There are certain practices and procedures unique to every courthouse, and certain ways that the prosecutors and officers like to be approached to get hold of any evidence which only a local attorney will know. A lawyer will be able to use these approaches to better advance their client’s case, and have a better dialogue with the prosecution regarding the evidence.

Attorney’s rights to the evidence in Virginia is limited at trial for misdemeanor cases, which means that prosecutors do not have to give an individual any evidence until the day of court. By knowing the local practices and procedures and being familiar with the prosecutors, it is often possible that the state prosecutors can get this information in advance even if they do not have to give it to the defendant until the day of court.

Because of those reasons, it is very beneficial to consult with an attorney who is not only familiar with the local area, but familiar with all of the individuals involved in a potential trial. A seasoned attorney will be able to properly lessen or dismiss any penalties associated with your Chantilly DUI charge.