If a person is charged with a DUI and they allegedly committed the offense while not having a valid operator’s license, they may be charged with two offenses: a DUI (Virginia Code §46.2-266) and driving without a license (Virginia Code §46.2-300) or driving while one’s license is suspended or revoked (Virginia Code §46.2-301). Both offenses are misdemeanors and could potentially result in a jail sentence depending on the facts of the person’s case.
If you have been charged with driving under the influence and without a license, you should contact a seasoned DUI attorney. A McLean DUI without a license lawyer could advocate for you.
A first offense of driving without a license is a Class 2 misdemeanor, which means it is punishable by a fine of up to $1000 and/or a jail sentence of up to six months. However, a second offense is a Class 1 misdemeanor, which carries the penalties of a fine of up to $2,500 and/or a jail sentence of up to 12 months.
While these extremes of punishment are not often imposed in Mclean cases, the outcome of a person’s case will depend on the individual facts of each person’s case. A conviction can also lead to other repercussions in one’s personal and professional life. Fortunately, a DUI without a license lawyer in McLean could fight for a defendant to get the charges reduced or dropped.
Driving without a license can be an aggravating factor for a DUI charge in a few ways. For example, if an individual does not have a license because they were unable to pass a driver’s test and then drive under the influence, this can be an aggravating factor. Not only is the person potentially placing others in danger by driving under the influence, but also by driving without the necessary skills to drive in the first place. In addition to this potentially being an aggravating factor in a person’s DUI case, which could result in a more severe penalty, the person could face an additional criminal charge.
If a person’s license was suspended because of a previous DUI, they could potentially face a Class 6 felony charge. This will be the case if an individual is convicted of three violations of Virginia Code §18.2-272 within a 10-year period. The court could also impose harsher penalties if they have been convicted multiple times of driving without a license or driving with a suspended or revoked license.
Traditionally, unlicensed driving charges and DUI charges are heard at the same time. Both cases will be heard in traffic court unless a person is facing a DUI felony offense, which would be placed on the court’s criminal docket. Because both offenses would have occurred simultaneously, it makes sense for the court to keep both matters together.
Receiving a DUI without a license charge can lead to significant penalties. If you are facing charges, reach out to an accomplished McLean DUI without a license lawyer today. Let an experienced attorney fight for you.
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