Driving under the Influence (DUI or DWI) is generally a class one misdemeanor in Virginia, which carries a maximum of 12 months in jail and $2,500 fine. DUI charges are recidivist crimes, which means that punishment and class of punishment goes up when a person gets a second, third or fourth offense.
A first offense DUI carries with it the possibility of jail time, a fine, and a license suspension. The amount jail time that one serves on a first offense DUI differs by jurisdiction and the specific facts of the case, however, there are certain situations where a DUI charge carries with it a mandatory jail sentence. This is dependent on the person’s blood alcohol content (BAC). If your BAC is .15 or greater, the Court must give you at least 5 days in jail. If your BAC is .21 or greater, then the Court must give you at least 10 days in jail.
A first offense DUI carries with it a license suspension of 12 months. The Court may issue a restricted license, but you are required to have ignition interlock on your vehicle for at least 6 months.
In addition, you are required to attend substance abuse classes. You are required to pay for the classes and the ignition interlock system.
A second offense carries with it an increase in mandatory minimum jail time, and a license suspension of 3 years. If your first and second offenses are within 5 years, you will have at least 20 days and no restricted license for 1 year. If they are within 10 years, then you will have at least 10 days and no restricted license for 4 months.
A third or subsequent DUI is a class 6 felony, which carries a maximum of 5 years in prison and an indefinite license revocation.
If you have been charged with a DUI or DWI and require representation, contact the DUI lawyers at Winslow & McCurry at (804) 423-1382.