Unlicensed driving charges and DUI charges are often heard at the same time if they occurred in the same incident. If someone is charged with a DUI while driving without a license in Virginia, its impact on the DUI case depends on the reason they were driving without a license.
A distinguished driving under the influence attorney can help you prepare to defend a DUI without a license in Fredericksburg charge. Speaking with a lawyer could help provide you with the peace of mind to move forward with your defense.
Whether driving without a license is a separate DUI-related charge or just a traffic charge in addition to the DUI depends on whether the license was revoked or suspended for a DUI or whether they just did not have their license with them.
Driving without a license could be an aggravating factor in a DUI charge because the prosecutor or the judge may not show leniency. If the individual was driving without a license, that could be considered slightly worse if they just had a regular DUI and their license record was clean.
That would be similar to driving without a minor in a car. If a minor is in the car, that carries mandatory minimum jail time. It also would be an aggravating factor if the person was driving with a heightened BAC level. It depends on the circumstances of the case, but driving without a license makes the DUI case at least slightly worse.
A person charged with a DUI without a license in Fredericksburg due to license suspension is considered more serious than an unlicensed driver. Driving with a suspended license is a Class 1 misdemeanor. If the license was suspended or revoked because they had a DUI and they are caught driving and convicted of a new DUI, they will lose their license for least one year and will not be able to get a restricted driver’s license during that period.
If someone is stopped and it is their third offense for driving on a suspended license, it carries a mandatory minimum of ten days in jail. In Virginia, each additional offense is likely to result in some type of mandatory minimum sentence.
If a license was suspended because of a DUI, that could aggravate a new DUI charge. That means they are likely to have to serve all or part of the time, usually a minimum of 60 days in jail. Because of the initial DUI, the individual’s license would have been revoked, so a second DUI could lead to revocation for a minimum of 12 months in jail. They also would not be eligible for a restricted license during that time.
After the second DUI, they could get additional jail time of up to 12 months for driving with a revoked or suspended license and face potential additional mandatory minimum jail times. That may depend on how long ago the previous DUI occurred and other factors that could aggravate the suspended-license charge.
How a person from out of state is affected by a DUI without a license in Fredericksburg depends on their home state and any conviction they may have had there. If a person had a prior DUI in another state and then has a DUI in Virginia, they would be required to prove that the two statutes are similar.
If the out-of-state driver is between 18 and 21 years of age and has a relatively small amount of alcohol in their system, the operative law in Virginia would be the baby DUI statute. Virginia authorities would have to prove the person consumed the alcohol illegally.
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