Fairfax DUI Attorney

What Are the Penalties for DUI in Virginia? 

The penalties for DUI/DWI depend on various circumstances surrounding your arrest in Virginia. In addition to the presence of certain aggravating factors, such as causing an accident with injuries or having a minor in the vehicle, as well as your BAC, DUI penalties are typically dependent on whether you have been convicted of DUI in the past 5 or 10 years. 

If you are arrested for DUI in Virginia, you could face the following penalties: 

• First-Time DUI: For a typical first-time DUI in Virginia, you face Class 1 misdemeanor charges, which carries a fine of $250 to $2,500, as well as a one-year driver’s license suspension. If your BAC was 0.15% or above, you could also face 5 to 30 days in jail. For any DUI conviction in Virginia, you will need to have an ignition interlock device (IID) installed on your vehicle. 
• Second-Time DUI: If you are arrested for DUI for a second time within 10 years, you face anywhere from 10 days to up to 1 year in jail and $500 to $2,500 in fines, as well as additional fees ranging from $50 to $300. If your previous DUI conviction occurred within the past 5 years, you face 20 days to up to 1 year in jail. The minimum jail sentence can increase if your BAC was 0.15%, 0.20%, or higher at the time of your arrest. A second DUI arrest also results in a three-year driver’s license suspension and the mandatory installation of IID on your vehicle. 
• Third-Time DUI: In Virginia, a third DUI arrest within the past 5 to 10 years is typically charged as a felony. As such, you could face anywhere from 1 to 5 years in prison. In some cases, the judge may order jail time, rather than prison time, with a minimum jail sentence of 60 days before being released on probation. The fines for a third-time DUI in Virginia range from $1,000 to $2,500 with possible additional fees, and your driver’s license could be permanently revoked. Additionally, the court may order that your vehicle be forfeited. 
• Fourth or Subsequent DUI: If you are arrested for a fourth or subsequent DUI in Virginia, you face a mandatory minimum sentence of one year in prison and a minimum fine of $1,000. However, the fines could reach up to $2,500, and prison time may be extended depending on the circumstances of your arrest. Additionally, your driver’s license will be confiscated immediately and may be revoked permanently if you are convicted. You may also be required to forfeit your vehicle. 

These are just some of the penalties you could face if you are convicted of DUI. It is important that you act fast after your arrest, as you have a limited amount of time to request an administrative hearing to reinstate your driver’s license. We urge you to contact our Fairfax County criminal defense lawyers right away for a free and confidential consultation. 

Can a DWI Be Dismissed in Virginia?

A first-time DWI can be dismissed in Virginia, but it's not easy. A DWI charge can also be reduced to a lesser violation, such as a "wet reckless" charge. A wet reckless is a reckless driving offense that involves drugs or alcohol. 

Strong Penalties Demand a Strong Defense

Alcohol-related traffic offenses carry mandatory minimum penalties ranging from fines and restricted driver’s licenses for a first offense to a year in jail, heavy fines, and a possible permanent revocation of your driver’s license for the fourth offense in 5 or 10 years.

Some of these penalties—including jail time, fines, ignition interlock devices, and license suspension or revocation—may be avoided with the appropriate defense. In addition, if a dismissal or reduction of the charges is not possible, our criminal defense attorneys can present the court in Fairfax County with a case for the most favorable sentencing options available.

Getting Your Driver’s License Reinstated 

The Virginia Alcohol Safety Action Program (VASAP) guidelines allow either restricted or full restoration of driving privileges, even for those people found to be habitual offenders. At Lawrence, Smith & Gardner, we can help you present your application in the most positive light, showing that you have fulfilled the requirements for restoration, including verifiable abstinence from drugs and alcohol and identifiable changes toward a more positive lifestyle.

DUI charges can often be accompanied by other traffic violations and/or drug charges. If this is true in your case, our attorneys can represent you effectively in these matters as well. In fact, Attorney Ronald Smith is the co-author of a continuing legal education (CLE) textbook and a frequent CLE lecturer on these subjects.