Facing a charge for Driving Under the Influence (DUI) in Loudoun County is a serious matter that can impact your freedom, your livelihood, and your future. Under Virginia Code § 18.2-266, it is unlawful for any person to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both.
In Loudoun County, these cases are typically heard in the Loudoun County General District Court in Leesburg. Because Virginia law is exceptionally strict regarding intoxicated driving, understanding the specific statutes and local court procedures is essential for your defense.
Virginia DUI Laws
Virginia law establishes a “per se” limit for blood alcohol concentration (BAC). You can be charged with a DUI if your BAC is 0.08% or higher. However, you can also be convicted even with a lower BAC if the Commonwealth proves your “ability to drive or operate a motor vehicle, engine, or train” was impaired.
Penalties for a First-Time DUI
A first-offense DUI in Virginia is classified as a Class 1 Misdemeanor. While it is a first offense, the penalties under VA Code § 18.2-270 are significant:
- Jail Time: Up to 12 months in jail.
- Fines: A mandatory minimum fine of $250, up to $2,500.
- License Suspension: Mandatory 12-month administrative license revocation.
- VASAP: Mandatory enrollment in the Virginia Alcohol Safety Action Program.
- Ignition Interlock: Required for at least 6 months if a restricted license is granted.
Mandatory Minimum Jail Sentences (BAC Enhancements)
If your BAC at the time of arrest was elevated, Virginia law mandates “mandatory minimum” jail time that a judge cannot suspend:
- BAC 0.15% to 0.20%: Mandatory 5 days in jail.
- BAC above 0.20%: Mandatory 10 days in jail.
Subsequent Offenses and Felony DUIs
The Commonwealth of Virginia uses a 10-year “look-back” period for prior DUI convictions. Penalties escalate sharply for repeat offenders:
|
Offense Level |
Classification |
Mandatory Minimum Jail |
License Revocation |
|
2nd in 10 Years |
Class 1 Misdemeanor |
10 Days |
3 Years |
|
2nd in 5 Years |
Class 1 Misdemeanor |
20 Days |
3 Years |
|
3rd in 10 Years |
Class 6 Felony |
90 Days |
Indefinite |
|
3rd in 5 Years |
Class 6 Felony |
6 Months |
Indefinite |
Note: Felony DUI convictions in Virginia also carry a mandatory minimum fine of $1,000 and the permanent forfeiture of your vehicle if you were the sole owner.
Local Procedures in Loudoun County
Loudoun County follows specific “Local Rules” and practices that differ from those of neighboring jurisdictions, such as Fairfax and Prince William.
- Arraignment and Discovery
After an arrest by the Loudoun County Sheriff’s Office or Leesburg Police, your first appearance is usually an Advisement (Arraignment). In Loudoun, the General District Court follows a standing order for “Open Discovery.” This allows your attorney to review the Commonwealth’s evidence, including dashcam footage and breathalyzer maintenance logs, early in the process.
- The Loudoun Victim Impact Panel
Loudoun County judges typically require all individuals convicted of a DUI to attend a Victim Impact Panel (VIP). This is a local requirement in addition to the state-mandated VASAP classes.
- Administrative License Suspension (ALS)
Upon arrest for a first-offense DUI, your license is automatically suspended for 7 days before you even go to court. For a second offense, the suspension lasts 60 days, and for a third, it lasts until the day of your trial.
Defending Your Case
A thorough defense involves examining every aspect of the police encounter:
- The Initial Stop: Did the officer have “reasonable articulable suspicion” to pull you over?
- Probable Cause: Did the officer have sufficient evidence to arrest you, or were the Field Sobriety Tests (FSTs) administered incorrectly?
- Breath and Blood Testing: Was the EC/IR II breathalyzer properly calibrated? Was the “implied consent” law (VA Code § 18.2-268.2) explained correctly?
- Procedural Errors: Any violation of your constitutional rights or failure to follow the Virginia Department of Forensic Science protocols can be grounds for a motion to suppress evidence.
Frequently Asked Questions
- Is a DUI a misdemeanor or a felony in Loudoun County?
In Virginia, a first or second DUI offense within a 10-year period is typically classified as a Class 1 Misdemeanor. However, under VA Code § 18.2-270, a third DUI offense within 10 years is elevated to a Class 6 Felony. Other factors, such as a DUI involving a crash that results in serious bodily injury or death, can also result in felony charges regardless of prior record.
- Can I get a restricted license to drive to work?
If convicted of a first-offense DUI, you may petition the court for a restricted driver’s license. If granted, this allows you to drive for specific purposes, such as employment, school, medical appointments, or childcare. Under Virginia law, you must install an Ignition Interlock Device (IID) for at least six consecutive months to maintain this restricted privilege.
- What happens if I refused to take the breathalyzer test?
Virginia operates under “implied consent” (VA Code § 18.2-268.2). If you unreasonably refuse a blood or breath test after a lawful arrest, you will be charged with Unreasonable Refusal. For a first offense, this is a civil matter that carries a mandatory 12-month license suspension with no eligibility for a restricted license. Subsequent refusals within 10 years are charged as criminal offenses.
- Do I have to go to court for my first appearance in Leesburg?
Yes. In Loudoun County, your first appearance is typically an Advisement (Arraignment) at the General District Court. During this hearing, the judge will formally inform you of your charges, your right to counsel, and set your trial date. Unlike some other jurisdictions, Loudoun County does not typically use the first court date as the trial date for DUI cases.
A DUI conviction creates a permanent criminal record in Virginia that cannot be expunged. Protect your rights by consulting with a Loudoun DUI lawyer who understands the nuances of the Loudoun County court system.
Contact us today by calling (571) 385-1884 or filling out the form to schedule your free consultation with our Loudoun criminal attorney and begin building your defense.