If you are charged with a DUI in Norfolk, Virginia, the penalties you face will be determined by a number of factors, including whether you have prior DUI or DWI on your record. To discuss your charges in more detail, schedule a consultation with a DUI lawyer in Norfolk today.
If you are charged with a DUI for the first time and your BAC is 0.08 but not any higher than 0.14, then you are looking at a fine of up to $2500 and the loss of your driver’s license for one year, although you may qualify for a restricted license. Additionally, you also face a jail sentence of up to 12 months, but there is no mandatory jail time that must be imposed.
If you obtain a restricted license, then you’ll have to get an ignition interlock system put into your car and have to pay the fees associated with the maintenance and calibration throughout the year of the restriction. You may petition to have the interlock device removed after six months. An alcohol substance program will also be ordered. If your BAC was between 0.15 and 0.20 then you’re facing mandatory minimum jail time of five days.
You may still be eligible for a restricted license under these conditions. If your BAC is 0.21 or more, then you’re facing a mandatory minimum of ten days in jail.
There is no diversion program or probation for first time DUI offenders or for those found guilty of any other types of DUI related incidents in Virginia.
If you are charged with a second offense DUI within five years of the first DUI, the penalties are a mandatory minimum fine of $500, a jail sentence of not less than one month with a mandatory minimum sentence of 20 days. If the driver’s BAC for this is 0.15 to 0.20 then there’s an additional ten days additional mandatory minimum time. If the BAC is 0.20 more then there’s another additional mandatory minimum of 20 days.
If the second DUI is within five to ten years of a first offense then there’s a mandatory minimum of $500 and the penalties also include jail time with ten days mandatory minimum and not less than 30 days.
If the driver’s BAC is 0.15 to 0.20 there’s an additional mandatory time of ten days and a mandatory fine of $1000. If the BAC is 0.20 or higher then there’s another 20 days mandatory minimum and a $1000 fine as well as license suspension for three years.
A third offense DUI within 10 years is considered a class 6 felony, which means that the person will be looking at a prison term of up to five years and a fine of up to $2500. If a third offense happens within five years of the other offenses, then there’s a mandatory minimum $1000 fine and a jail sentence of up to six months. If it is within five years then the mandatory jail sentence is 90 days and the license suspension is indefinite.
There are enhanced penalties. If there are any minors in the vehicle at the time of the incident the driver may additionally be charged with felony child endangerment on top of being charged with a DUI. Also penalties increase for a higher BAC. The more alcohol someone has in their system when they are charged with a DUI the worse off they’re going to be in terms of consequences.
The ignition interlock device is a court imposed requirement for people who have gotten a restricted driver’s license after having their license suspended for an under-18 DUI in Norfolk. It is basically a breathalyzer that’s installed into a vehicle’s dashboard. The driver is required to blow into it for a breath sample and provide a clean breath sample before they can start their vehicle. On longer trips, sometimes the breathalyzer will ask the driver periodically to blow into it as well.
In Norfolk you’re required to have an ignition interlock device installed into your vehicle if you’re granted a restricted license to drive by the courts after your license has been suspended due to an under-18 DUI.
The mandatory time required is for six months. The court however can impose the requirement for longer if it deems necessary. Most clients are not very happy about it, but again there is not really the option of fighting it. You either have it since you have a restricted license or you do not drive.
The cost of an ignition interlock device in Norfolk can be pretty expensive. There are monthly checks that need to be performed on the ignition interlock device after it’s installed and the defendant has to pay for those monthly checks as well as the installation fees. The monthly visits have a fee of up to $80 for each visit in addition to the $65 installation fee. So a six-month interlock requirement could cost a defendant around $545 per vehicle.
Ignition interlocks became mandatory in the last few years. There isn’t anything that can be done in terms of fighting the requirement. If someone doesn’t want to have it installed into their vehicle, then they cannot get a restricted license and cannot drive at all.
The only thing an attorney can do is make sure that the defendant is enrolled in the Virginia Alcohol Safety Action Program (VASAP) before their court date because enrollment in VASAP is requirement before they can get the ignition interlock device put into their vehicle.
By having it done in advance, this means that it’s expedited in terms of how long we have to wait before they have it installed since they do not have to go through the process of waiting to get enrolled.
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