Under Virginia Code § 18.2-266, also known as Virginia’s Driving Under the Influence (DUI) law, it is unlawful to drive or operate a motor vehicle, engine, or train while intoxicated. DUI is a state offense. First and second offenses are classified as misdemeanors, while a third offense is prosecuted as a felony.
If you or your loved one is accused of DUI, a conviction could have serious consequences, ranging from losing your driver’s license to possible jail time. Talk to a Fredericksburg County DUI lawyer about your options. We understand the severity of DUI convictions in the Commonwealth and with our extensive legal experience, our respected defense attorneys could help you build a strong defense.
In Fredericksburg County, a person is considered legally intoxicated if they are caught driving with a blood alcohol content (BAC) of 0.08% or higher. However, an offender may still be charged for driving while intoxicated even if their BAC is lower than 0.08%, especially if they are operating with a restricted driver’s license. A Commonwealth Attorney may obtain a conviction if they can show sufficient proof that the defendant operated a motor vehicle while intoxicated.
Possible penalties for DUI include immediate suspension of the driver’s license before trial. For first-time offenders, the suspension period is seven days, it is 60 days or until the trial date for second-time offenders, and for a third-time DUI within a 10-year period, it is suspension until the date of trial.
There is also a $250 mandatory fine for first-time offenders, a $500 minimum fine for second-time offenders within 10 years, and a $1,000 minimum fine for a third DWI conviction within 10 years. Other possible penalties include a criminal conviction, mandatory jail time, vehicle impoundment, and a requirement to install an ignition interlock device. A DUI lawyer in Fredericksburg County can help the defendant explore possible defenses to ensure the best possible outcome.
Police officers usually stop suspected DUI offenders because they were caught driving erratically. If the arresting officer can smell alcohol on the driver’s breath, or if they are caught slurring speech, or with an open container of alcohol, they may then be taken into custody and their vehicle towed. What the accused does or says during and after the arrest can have a significant impact on the outcome of the case.
For this reason, it is best to avoid talking to the police aside from giving the necessary information during booking. The accused should also note down all information related to the arrest, including what they did in the hours leading up to it. Every detail is important, as it can be used by a Fredericksburg DUI attorney to build a strong case.
Once the alleged DUI offender has been booked into custody, they will then appear before a judge for the arraignment hearing. Most suspected DUI offenders are usually released on bond pending trial. The next and most important step is to hire an experienced DUI attorney to help prepare a legal defense or negotiate a plea deal.
A DUI conviction can threaten your reputation and freedom. Working with an experienced Fredericksburg County DUI lawyer can improve your chances of getting a favorable outcome depending on your unique circumstances. Our local legal team can help you navigate the complexities of a DUI arrest. Whether you are facing your first, second, or third DUI arrest, we provide important guidance and representation. Schedule a consultation today to discuss your options.
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