Virginia DUI Conviction Penalties
In the Commonwealth of Virginia, it is illegal to drive with a blood alcohol content, otherwise known as BAC, of .08 percent or higher. When a law enforcement agent pulls a person over on suspicion of driving under the influence (DUI), he or she will ask the driver to submit to a breath, blood, or urine test. If the driver is over the limit, he or she is considered “per se intoxicated” under Virginia law. This is all that is required for a driver to be convicted of drunk driving.
It is imperative that you hire an attorney who specializes in DUI defense. DUI law is an extremely specialized field, and it is hard enough for a regular attorney to defend clients, let alone someone with no legal experience at all.
There are many penalties that come along with a DUI charge. The first that you will face is an administrative license suspension. If you fail a breath test with a BAC over a certain limit, your license will automatically be suspended.
Even if you politely decline to take a breath test, you will face an administrative license suspension. This is due to implied consent laws. This law, which you agreed to when you signed for your driver’s license, states that if you are pulled over by a police officer, you will comply with his or her request. This includes taking a breath test to determine if you are impaired.
If this is your first DUI offense, with no special circumstances, you are facing up to one year in jail, $2,500 in fines, and a driver’s license suspension for up to a year. Drivers who have had prior DUIs within a certain time period will face mandatory time in jail and additional fines.
If a driver’s BAC is extremely high (.15 percent or higher), the judge will order that an ignition interlock device be installed in his or her vehicle. This device, which attaches to the dashboard, measures the driver’s BAC before the car can start. The installation and rental must be paid for by the driver.
Mandatory alcohol education and assessment may also be ordered by the judge. The driver will be responsible for the cost associated with these classes.
If you are interested in avoiding these consequences in Virginia, call Tillotson Matney Law Offices. Our attorneys will work closely with you closely to fight your charges.
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