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Loudoun County DUI Laws

DUI charges in Loudoun County can be difficult for you on legal, financial, and emotional levels. Given the potential penalties for even a first DUI charge, you may worry about the impact that the case will have on your ability to drive, work, and support your family, not to mention the permanent criminal record that can result.

In this situation, a defense attorney may be able to address some of your concerns and give you more information about Loudoun County DUI laws. Once you understand your rights, you could work with a seasoned DUI lawyer to defend yourself against any charges that you may be facing.

BAC Levels in DUI Cases

Pursuant to Virginia Code § 18.2-266, driving a motor vehicle or watercraft with a blood alcohol content (BAC) of 0.08 percent or more legally constitutes driving under the influence. However, drivers who have lower BACs also may be driving under the influence (DUI) if alcohol is impairing their ability to drive. Driving under the influence of drugs that cause impairment also qualifies as DUI. Individuals who have been arrested for impairment should reach out to a lawyer who is knowledgeable about Loudoun County DUI laws.

DMV Penalties for DUI

According to Virginia Code § 46.2-391.2, drivers who commit DUI are subject to automatic administrative driver’s license suspensions. A first DUI offense with a BAC of 0.08 percent or higher or refusal to take a breath test when requested to do so by law enforcement will result in an automatic seven-day driver’s license suspension.

A second DUI or breath test refusal will cause an automatic license suspension for 60 days or until trial on the DUI charges, whichever occurs first, and a third DUI or breath test refusal will result in an automatic license suspension until trial on the DUI charges.

There are court-ordered license suspension consequences for refusing a breath test when convicted of DUI, as well. Breath test refusal license suspensions run consecutively with license suspensions for DUI convictions.

A first DUI conviction will result in a one-year license suspension and a second DUI conviction will result in a three-year license suspension and constitutes a Class 1 misdemeanor. Drivers who accumulate three DUI convictions within a ten-year period will be subject to a mandatory license revocation for an indefinite period of time.

Criminal Penalties for DUI

A first DUI offense is a Class 1 misdemeanor under Virginia Code §18.2-270, with a mandatory minimum fine of $250.00. Two DUI convictions within five years will result in 20 mandatory minimum days of incarceration, with a total jail sentence ranging between one month and one year, and a $500.00 fine.

A second DUI conviction within five to ten years of the first conviction will result in a mandatory minimum jail sentence of ten days, with a total jail sentence not to exceed one month, and a $500 fine. Conviction of a third DUI offense within ten years constitutes a Class 6 felony and results in a mandatory minimum jail sentence of 90 days, or, if committed within five years, a mandatory minimum jail sentence of six months, as well a $1,000.00 fine.

No matter the number of prior DUI convictions, drivers with BACs of 0.15 percent and higher will receive additional mandatory minimum days added to their jail sentences.

Learn More About DUI Laws in Loudoun County

When you are accused of DUI, you are likely frightened, stressed, and uncertain about the future. Getting the knowledge that you need about Loudoun County DUI laws can help alleviate some of those worries and help you choose the best options that are available to you in your circumstances. Seasoned criminal defense attorneys understand what is at stake for you in DUI cases and could work with you to explore your options and determine the best strategy for your case.