In addition to the criminal penalties you will face for a first, second, third, or subsequent DUI conviction, Richmond DUIs can result in license suspensions and may also be accompanied by enhanced penalties. Below, we discuss some of these additional consequences and penalties of being charged with DUI in Richmond, Virginia
To learn what specifically you are facing, or to develop a strong defense, consult with a Richmond DUI lawyer today and schedule a free consultation.
There are not any active diversionary programs to avoid conviction on a DUI first offense, however if it is what’s considered to be not an aggravated case with a low blood alcohol level and no accidents, then the prosecutors will typically not ask for an extended active jail sentence, but there are no diversionary programs to avoid a DUI conviction.
The most common aggravating factor is there is an elevated BAC. A BAC that is higher than 0.15 comes with minimum mandatory jail. Other aggravating factors would be if there is an accident, if there is injuries involved, or if an individual is uncooperative with the police. Also, some of the factors will be obviously the blood alcohol level and/or if there are children in the vehicle.
If you have been convicted of a DUI in the city of Richmond, your license will be suspended for 12 months. You can apply for a restricted operator’s license to get to and from work, to and from school, to and from alcohol counseling, or to and from daycare for your children, but you would have to obtain what is called an ignition interlock device that will be have to be installed on your vehicle.
Under Virginia law now even on a first offense that would have to be installed for a minimum of six months. After that six-month period you can typically get that ignition interlock device removed after you have petitioned the court to do so.
You can attempt to challenge an administrative suspension, however it is very difficult. In order to challenge an administrative suspension, you are going to have to show that either the – there is an issue with the machine, and there is an immediate issue with the stop, but it is very difficult to get those administrative suspensions lifted.
In order to challenge an administrative suspension you must file a motion in the general district court to request that the suspension be lifted. You actually have to file that immediately after the arrest takes place. The administrative suspension can last for seven days for the first offense to up to 60 days if it is a second or subsequent offense.
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