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Penalties for a DUI in Newport News

A DUI attorney in Newport News talks about the penalties for a first DUI and subsequent DUI charges. The immediate and long-term penalties associated with a DUI are very serious, so if you have been charged with driving under the influence of alcohol, drugs or both, contact a lawyer as soon as possible.

What Are the Penalties for a First Time DUI?

For a first time DUI, if the driver had a BAC above 0.08, but not higher than 0.14, penalties can include a fine of up to $2500 and loss of driver’s license for one year. This person will still eligible for a restricted license, but then they also must submit to an ignition interlock device in their vehicle, which they will be responsible for paying for the installation as well as the maintenance on.

A substance abuse education program or treatment program could also be ordered as a possibility for a DUI. With a BAC of 0.15 to 0.20, there is actually mandatory jail time of five days in jail, ignition interlock, a fine, a year loss of driver’s license and alcohol substance abuse program. They are still eligible for a restricted license with the same caveat that they must have the ignition interlock put in. A BAC of 0.21 or more results in a mandatory minimum of ten days in jail as well as all the other requirements.

Are Diversion Programs or Probation Available in First Time DUI Cases?

Newport News prosecutors do not offer diversion programs or probation to first time DUI offenders. Probation is part of the typical sentence when someone is found guilty of a DUI with a normal time being 12 months, but all the Hampton Roads area is pretty hard against any diversion programs for DUI’s. People are either found guilty or not guilty and that is it.

What Are the Penalties for a Second DUI?

For a second offense DUI within five years, the penalties are a mandatory minimum fine of $500, a jail sentence of not less than one month with a mandatory minimum of 20 days. If the person’s BAC is 0.15 to 0.20, then there is an additional 10 days for the mandatory minimum. If the BAC is 0.20 or higher, then the additional mandatory minimum will be 20 days.

If the second DUI is within 10 years of the first DUI, then there is a mandatory minimum fine of $500 with jail time of not less than 30 days with 10 days mandatory minimum. If the BAC is 0.15 to 0.20 there is 10 days of additional mandatory minimum fine and a total mandatory fine of $1000.

If the BAC is .20 or higher there is additional 20 days mandatory jail time and $1000 fine with a license suspension for three years.

What Are The Penalties for a Third Offense DUI?

For a third offense DUI within 10 years, it is charged as a class 6 felony. The penalties are a prison term of up to five years and a fine of up to $2500. If the third offense is within five years of the first two DUIs, there is a mandatory minimum of a $1000 fine and a mandatory jail sentence of six months. If it is not within five years, the mandatory minimum jail sentence is 90 days and the license suspension that comes with the third offense is for an indefinite period of time.