If you have been charged with a DUI in Leesburg, Virginia, it’s important to work with a local DUI attorney who has experience defending clients in Loudoun County courts. Below, we provide a brief outline of the potential penalties for Leesburg DUI penalties.
For more information, call our law offices today and conduct you free initial consultation with a Leesburg DUI attorney.
Virginia penalizes DUI as a class 1 misdemeanor. What this means is that for a first offense you may be punished with up to 12 months in jail and up to a $2500 fine. In addition, your license will be suspended by statute for a period of 12 months. There are also certain mandatory minimum penalties for Virginia first offense DUIs. For example, the minimum fine for a first offense DUI in Virginia is $250.
In addition to the license suspension, the mandatory fine, you may also be subjected to active or suspended jail time, depending on the unique facts and circumstances of your case, especially the BAC. It should not be assumed that a BAC < 0.15 will automatically result in no active jail time for a first offense as every case is unique. In addition you’ll be required to complete the VASAP program and the VIP program, the latter being unique to Loudoun and Fauquier counties, as result of any DUI conviction.
Although you may be placed on probation as a result of a DUI conviction Virginia law does not recognize a first offense program for DUIs. Some of our neighboring jurisdictions, notably DC and Maryland, have first offender discriminations for DUI offenses, under which individuals may avoid a DUI conviction. However this is not the case in Virginia.
If you’re charged with a second offense DUI the penalties are more severe. While a second offense is also a class 1 misdemeanor there are certain mandatory punishments for a second offense. For example, you will lose your license, or your privilege to operate in Virginia, for a mandatory period of three years.
Depending on how recent your prior conviction was, you may not be eligible for a restricted license for a period of time. For example, if your convictions are more than five but less than ten years apart, you may seek a restricted Virginia license after four months. If your second conviction is within five years of first your offense, you will not be eligible to receive a restricted license for one full year.
In addition, there is mandatory incarceration for a DUI second offense. For DUI second offenses, when the BAC is below 0.15, you will still be subject to a jail sentence of not less than one month.
If the 2nd offense is within five years of the 1st offense, 20 days shall be a mandatory minimum. If your second offense is within 5-10 year, the same one month requires a decreased mandatory minimum of 10 days. If you BAC is elevated for a 2nd offense, there are additional mandatory periods of incarceration that may apply. In addition, all second offense DUIs have a mandatory minimum fine of $500.
If you are convicted of a DUI (3rd offense), it is a felony in the Commonwealth of Virginia. This is a very different change from some neighboring jurisdictions. If you are convicted three times within a ten year period, you shall be guilty of a class 6 felony. This class 6 felony includes a mandatory minimum standard of 90 days for offenses with 10 years and six months if all three offenses are within five years.
In addition, the mandatory minimum fine for third offenses is $1000. The privilege to operate in Virginia or your Virginia driver’s license is suspended indefinitely. All of these penalties are in addition to the serious repercussions of a felony conviction.
If you’ve been previously convicted of a felony DUI and you are then convicted for a subsequent DUI within that ten year period, the mandatory minimum period of the incarceration increases to one year. In addition, you shall be exposed to mandatory minimum fine of $1000. This can be found at Virginia Code Section 18.2-270(c)(2) and (c)(3).
If minors are in the vehicle, the code section that applies is Virginia Code Section 18.2-270(d). Any person convicted of a driving under the influence while a minor is in the vehicle shall receive an additional minimum fine of $500, and there is a mandatory period of incarceration for five days. This additional fine and this additional mandatory minimum period of incarceration stack on any other penalty that is imposed.
Yes. If you have a blood alcohol content of greater than 0.15 but less than 0.20, there is an additional penalty pursuant to Virginia Code Section 18.2-270. For first offenses, if the BAC is above 0.15 but less than 0.20, you’re subject to a mandatory minimum incarceration period of five days. If it’s above 0.20 the mandatory period doubles for ten days. This mandatory minimum period of incarceration doubles itself for someone convicted of a second offense.
So 0.15-0.20 for a second offense is ten mandatory minimum days, above 0.20 for a second offense is 20 additional mandatory minimum days and those mandatory minimum days are in addition to any day they’re imposed regardless of the BAC.
If you would like to learn more about how it may be possible to avoid these penalties, call our law offices today or visit our other Leesburg DUI informational pages. DUI cases involve a lot of specific technology, testing, and burdens of proof. Speak to an experienced DUI attorney in Leesburg today.
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