DUI

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DUI/DWI is charged when someone is suspected of operating a vehicle while intoxicated by alcohol or drugs. The terms DUI and DWI are often used interchangeably in Virginia. DUI charges are generally charged under code sections § 18.2-266, which states: 

"It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood."

Basically, this statute allows five variations of why someone can be charged with DUI, from the objective .08 BAC threshold to the subjective determination that one is "under the influence."

DUI is generally a Class 1 misdemeanor which means, by statute, it is punishable by up to 12 months in jail and/or a fine of up to $2,500. However, a conviction also leads to several other requirements such as the completion of ASAP classes, one year suspension of driving privileges, installation of an ignition interlock if a restricted license is granted, and payment of court costs.

Most jurisdictions have a "standard first" offer if the defendant has not been convicted of DUI previously. These offers vary from one jurisdiction to the next, but generally include: 

• A fine of $250-$500 plus court costs
• 60-365 days in jail with all that time suspended so that there is no active jail sentence, conditioned on 2 years of good behavior
• ASAP classes
• Suspension of driving privileges for one year

However, there are many circumstances that can affect the penalty and even create some mandatory minimum periods of active incarceration:

• A BAC of at least 0.15 but not more than 0.20 requires a mandatory minimum sentence of 5 days
• A BAC greater than 0.20 requires a mandatory minimum sentence of 10 days.
• A second offense within five years requires a mandatory minimum fine of $500 and a mandatory minimum sentence of 10 days.
• A second offense within 10 years with a BAC of 0.15 to 0.20 requires an additional mandatory minimum period of 10 days.
• A second offense within 10 years with a BAC greater than 0.20 requires an additional mandatory minimum of 20 days.
• Conviction of a third offense within a ten year period is a Class 6 felony and carries a mandatory minimum sentence of 90 days; if all three convictions were within a five year period, that mandatory minimum is increased to a mandatory minimum 6 months in jail.
• A fourth offense within 10 years requires a mandatory minimum term of one year and a mandatory minimum fine of $1,000.
• If the driver was transporting a person 17 years old or younger, there is an additional minimum fine of $500-$1,000 and a mandatory minimum sentence of 5 days.

These mandatory minimums are cumulative. For example, someone convicted of a second offense within five years, with a BAC greater than 0.20 (20 day mandatory minimum) who was driving a child at the time (5 day mandatory minimum) will have a serve a mandatory minimum of 25 days in jail.

If you or someone you know is facing a DUI charge in Virginia, it is imperative that you have the best representation possible. From determining whether the stop was legal to evaluating the evidence (such as police reports, body camera or dash cam footage, BAC analysis, etc.), we will ensure you receive the most favorable outcome possible.