Our Virginia DUI and DWI lawyers will use their years of defending countless DWI and DUI charges to help you. DWI and DUI defense is a complex area of law with over 20 statutes and countless case law outlining the conduct, enforcement, regulation, and penalties of DWI and DUI charges.

While you may feel hopeless in your DWI  or DUI defense, it is a highly technical area of law that presents constitutional, procedure, and medical issues that may present defenses you didn’t know exist. Give us a call today to discuss your case more thoroughly and we’ll do everything we can to put you in the best position possible to defend your case.

Consequences of a DWI / DUI Conviction

1st Offense

  • Criminal record
  • Fine up to $2,500
    • Mandatory minimum of $250
  • 12 month suspension of your driver’s license
    • You may be eligible for restricted license at the discretion of the court
    • Ignition interlock for at least six months if you are granted restricted license privileges
  • Up to 12 months in jail
    • 5 days are mandatory if your Blood Alcohol Content (BAC) greater than 0.15% and not higher than 0.20% at the time of arrest
    • 10 days are mandatory if your BAC is greater than 0.20% at the time of arrest
  • Vehicle impoundment
  • Restitution to the locality for the cost of law enforcement
  • Completion of the Virginia Alcohol Safety Action Program (VASAP) which is typically a 10 week program of evaluation, education, and treatment

2nd Offense

  • Conviction of a second offense carries enhanced penalties above a first offense
  • Fine up to $2,500
    • Mandatory minimum of $500
  • 3 year suspension of your driver’s license
    • If the prior offense was more than 5 but less than 10 years ago, you may be eligible for a restricted license 4 months after your conviction
    • If the prior offense was less than 5 years ago, you may be eligible for a restricted license one year after your conviction.
    • If and when a restricted license is granted, ignition interlock will be required
  • Up to 12 months in jail
    • 10 days are mandatory if the prior offense was within 10 years
    • 20 days are mandatory if the prior offense was within 5 years
    • 10 additional days are mandatory if your BAC is above 0.15% and not higher than 0.20%
    • 20 additional days are mandatory if your BAC is above 0.20%
  • Completion of VASAP

3rd+ Offense

  • Conviction of a third or subsequent offense carries even more enhanced penalties above that of a 2nd offense
  • If the prior offenses were within 10 years of this offense, it will likely be prosecuted as a Class 6 felony.
  • Mandatory, indefinite suspension of your driver’s license
    • No restricted license until your license is restored
  • Mandatory minimum fine of $1,000
  • Up to 5 years in prison
    • 90 days are mandatory if your third offense was within 10 years of your prior offenses
    • 6 months are mandatory if your prior offenses were within 5 years
    • 1 year is mandatory upon your 4th+ conviction within 10 years.
  • If you are the sole owner of your car, it will be subject to forfeiture

Underage DWI and DUI Offenses

If you are under 21 years old, you cannot purchase, possess, or consume alcohol. Violation of this law can result in its own separate charge.

Virginia has a zero tolerance policy so if you are under 21 years old and are convicted of a DWI or DUI, the court will impose the same penalty as they would for those 21 years old and older.

 

If you are charged with a DWI or DUI under § 18.2-266.1 (Persons under age 21 driving after illegally consuming alcohol; penalty) and are found to have a BAC between 0.02% and 0.08%, the Court penalty will include a suspension of your driver’s license for one year and a mandatory minimum of $500, or require that you complete at least 50 hours of community service.

Article 2. Driving Motor Vehicle, Etc., While Intoxicated

  • § 18.2-266 Driving motor vehicle, engine, etc., while intoxicated, etc.
  • § 18.2-266.1 Persons under age 21 driving after illegally consuming alcohol; penalty
  • § 18.2-267 Preliminary analysis of breath to determine alcoholic content of blood
  • § 18.2-268.1 Chemical testing to determine alcohol or drug content of blood; definitions
  • § 18.2-268.2 Implied consent to post-arrest testing to determine drug or alcohol content of blood
  • § 18.2-268.3 Refusal of tests; penalties; procedures
  • § 18.2-268.4 Trial and appeal for refusal
  • § 18.2-268.5 Qualifications and liability of persons authorized to take blood sample; procedure for taking samples
  • § 18.2-268.6 Transmission of blood samples
  • § 18.2-268.7 Transmission of blood test samples; use as evidence
  • § 18.2-268.8 Fees
  • § 18.2-268.9 Assurance of breath-test validity; use of breath-test results as evidence
  • § 18.2-268.10 Evidence of violation of driving under the influence offenses
  • § 18.2-268.11 Substantial compliance