In Virginia, DUI (Driving Under the Influence) charges are treated possibly harsher than in any other state in the country.  For this reason, it is critical to hire an experienced DUI attorney to work on your case and develop a proper defense strategy. In Virginia, a first offense DUI OR DWI is a Class I misdemeanor. In other words, Virginia classifies a first offense DUI/DWI as the most serious type of criminal misdemeanor. As a result, a first offense DUI/DWI carries a mandatory minimum fine of $250, but the fine can be as high as $2,500. Additionally, for a first offense DUI/DWI, you can be sentenced to a maximum of twelve (12) months in jail. If you are convicted of a first offense DUI/DWI with a BAC level under 0.15, you are not required to serve jail time and probably will not serve jail time, however, there are no guarantees of no jail time if the Court believes the facts of one’s case to be egregious.

What are the possible penalties for a first offense DUI in VA?

• Jail Incarceration (length depends on the BAC level)
• Up to $2500 Fine
• 12 months loss of driver’s license
• If granted a restricted license, you will be required to pay for and install an ignition interlock device
• 6 points on your Virginia driver’s license
• Completion of ASAP (Alcohol Safety & Awareness Program) at your expense

We Are Experienced Northern Virginia DUI Attorneys

We have considerable experience representing clients charged with DUI in the Northern Virginia County courts.  When you are facing a drunk driving charge or any motor vehicle traffic offense, you need fast, accurate answers about your situation and the best way to proceed. The defense attorneys at Ervin Kibria understand your concerns and your sense of urgency in dealing with a difficult situation.

• Will I go to Jail? If you are convicted of first offense DUI/DWI with a BAC level between 0.15 and 0.20, Virginia law requires you to serve a minimum of five (5) days in jail. It should be noted that this time is not accorded the customary 50% reduction for ‘good time’ served, but requires the defendant to actually serve the full five days in jail. This can have a devastating impact on one’s ability to maintain his or her employment. If you are convicted of a first offense DUI/DWI with a BAC level over 0.20, you will be sentenced to a jail term for a minimum of ten (10) days.

• An aggressive defense: The consequences of a DUI charge often depend on having an experienced lawyer to represent you. At Ervin Kibria, we have the necessary experience to aggressively investigate, defend and challenge the charges.

• We work with you: We do not treat cases as if they were a car on an assembly line. We are not a DUI mill. We are personalized. We are accessible. We are hands on. We keep our practice small so we can be completely dedicated to giving our clients the very best representation. When you hire us you have direct access to us, not a law clerk, or a paralegal, or an associate attorney.

Whether you are dealing with a DUI charge or a serious traffic offense that can put points on your driver’s license, you can depend on the defense lawyers at Ervin Kibria.

What Are the Minimum DUI Penalties For a First Offense:

• MINIMUM penalties for a First Offense DUI in Virginia:
  1) you must attend ASAP classes at your expense
  2) your driver’s license will be suspended for a period of 12 months
  3) if you are granted a restricted driver’s license, you must pay for and use an ignition interlock device
  4) if your BAC level was between .15-.20, you MUST serve at least 5 days in jail
  5) if your BAC level was above .20, you MUST serve at least 10 days in jail
  6) if you had a child passenger in your vehicle at the time of the offense who was under the age of 18 at the time, you MUST serve at least 5 days in jail – with an additional fine between $500.00 and $1,000.00

What Are the Minimum DUI Penalties For Second Offense:

• MINIMUM Penalties for a DUI Second Offense in a 10 Year Period1) you MUST serve at least 10 days in jail
  2) your fine will be at least $500.00
  3) if your BAC level was between .15-.20 during your second offense, you MUST serve at least a total of 20 days in jail
  4) if your BAC level was above .20 during your second offense, you MUST serve at least a total of 30 days in jail
  5) ignition interlock device if you get a restricted license
  6) you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges

DUI Penalties With a Prior DUI Conviction

A prior DUI conviction will have serious implications on any subsequent offense.  In general, a prior DUI conviction will be used to increase your DUI from a misdemeanor to a felony if it is a third or subsequent offense within 10 years, impose higher penalties for your new offense, and potentially implicate the mandatory sentencing requirements for your new conviction.

What is Virginia’s Implied Consent Law?

You may have heard or read about Virginia’s “implied consent law,” without really understanding what it refers to.  In Virginia, if you drive a vehicle on a public highway (which is any publicly accessible road), you are assumed to have impliedly consented to a blood or breath test is being performed if you are ever arrested for a DUI.  Consequently, you can and likely will be punished with another charge if you refuse to submit to take these sobriety tests.  Virginia Code Section 18.2-268.3 makes it illegal to “unreasonably refuse” to have samples of your blood or breath taken for chemical analysis to determine the alcohol or drug content after a drunk driving arrest has occurred.

While a first refusal crime is considered a civil, rather than criminal offense, the penalties are still severe.  The refusal charge requires a 1-year driver’s license suspension.  A 2nd or 3rd refusal causes the offense to be treated as a criminal matter, and can often result in jail time.