Aggressive Virginia DUI Representation Fighting For You
If you are facing a DUI/DWI, you need experienced legal advice and representation from an attorney who cares about your case. A DUI conviction has significant consequences. Our skilled and experienced Virginia DUI attorney at Bounds and Bounds, PLLC, can help to minimize those consequences and possibly have the charges dismissed.
Virginia has some of the strictest DUI / DWI laws in the country. For a first-offense DUI in Virginia, there is a mandatory one-year license suspension (however the defendant can ask the court for a restricted license) and an ignition interlock (a breathalyzer) must be installed on the vehicle for at least six months. There is a mandatory five-day incarceration period for a first-offense DUI if the BAC (blood alcohol content) is 0.15% or higher and mandatory 10-day incarceration if the BAC is 0.21% or higher. Having an experienced Virginia first-offense DUI lawyer on your side will help you navigate these strict and confusing laws.
A second offense DUI in Virginia within five years of a first offense will result in a three-year license suspension with no eligibility for a restricted license for one year, as well as a 20-day mandatory minimum incarceration period. A second offense within five to 10 years will also result in a three-year license suspension, however, the defendant will be eligible for a restricted license in four months. There is a mandatory 10-day jail sentence for a second offense DUI within five to 10 years of the first offense. An ignition interlock must be installed on the vehicle after a conviction for a second offense DUI for at least six months of the restricted license period.
A third offense DUI in Virginia within 10 years is a Class 6 felony. The offender’s driving privileges in Virginia are revoked indefinitely by the VA DMV. To restore driving privileges, the individual must petition the court that convicted him/her. They are eligible for a restricted license for three years and for full restoration after five years. An ignition Interlock must be installed on the vehicle for at least six months of the restricted license period. There is a mandatory minimum jail sentence of 90 days for a third offense DUI within 10 years and a six-month mandatory minimum jail sentence for a third-offense DUI within five years.
For drinking drivers under 21 having a BAC from 0.02 to 0.08 is a criminal offense punishable by a mandatory six-month license suspension and up to a $500 fine. Underage drinkers are treated the same as drinkers who 21 or older when their BAC is 0.08 or greater. A DUI will stay on your driving record for 11 years and is a six-point offense in Virginia.
DUI And VASAP
For all DUIs in Virginia, the offender is referred to VASAP – the Virginia Alcohol Safety Action Program. VASAP will assess the offender and refer them, based on the assessment, to the appropriate level of treatment. All individuals in the VASAP program are prohibited from drinking alcohol while they are participating in the program. Treatment at the low end consists of 16 weeks of group therapy once a week for approximately 1.5 hours. Treatment at high-end consists of group therapy plus several months of individual counseling as well as random drug and alcohol testing.
Whether you need an experienced first-offense Virginia DUI lawyer or an attorney for a subsequent offense, please contact us.
What Is A Restricted License?
A restricted license is a limited privilege to drive under certain circumstances. Generally speaking, if authorized by statute, a restricted license can be granted with the approval of a judge for the following situations and circumstances: 1. To and from work and during work if driving is required by the defendant’s employer. 2. Medically necessary travel for the defendant, children, and elderly residents of his or her household. 3. Taking children to and from day care and/or school or health care. 4. Travel to and from VASAP. 5. To and from church or place of worship. An experienced and effective Virginia DUI lawyer can help the accused seek the broadest possible restricted license.
The consequences are very severe if you are caught by the police driving outside of those restrictions. Most judges will impose jail time and DMV will revoke your license for one year with no eligibility for a restricted license.
Commercial Drivers Beware
The need for a good Virginia DUI attorney is even stronger for CDL (Commercial Driving License) holders. If you are a CDL holder, you are not eligible for a restricted license. What this means is that if you are convicted of a DUI in Virginia, and you have a CDL, you will not be able to drive at all during the license suspension period even for work and medically-related purposes.
The Stages Of A DUI Arrest
DUIs are complex and challenging cases. We examine the procedures that were used by the police in each stage of a particular case to determine if our client’s legal rights were violated.
To successfully prosecute a DUI in Virginia, the police have to have lawfully stopped your vehicle. This means that they must either observe a traffic violation or erratic driving behavior that creates a “reasonable articulable suspicion” that said driver is impaired. Cases can be won if the lawyer can prove that there was a problem with the stop.
If the police stop a driver and if he or she looks, smells, or sounds like they are impaired, they can investigate further. They can ask questions about how much drugs and/or alcohol the driver has consumed. They can also conduct field tests known as field sobriety tests to determine impairment. They can also administer a preliminary breath test or PBT, which is a hand-held device that measures breath alcohol content. The PBT results, however, are not admissible in court.
Field Sobriety Tests
The police ask a suspect to perform various tests to determine if they are impaired. They may ask the individual to stand and balance on one leg, or walk in a straight line or close their eyes and touch one finger to their nose. They may also ask the suspect to perform alphabetical or numerical sequencing tests. The results of these tests and the circumstances under which they are given are important. Poor performance on them can result in legally sufficient probable cause for an arrest. However, they must be given on a hard flat surface and any physical or mental injury or disability must be ruled out as a factor(s) affecting performance.
Some Field Sobriety Tests Carry More Weight Than Others
According to the National Highway Traffic Safety Administration (NHTSA), there are three field sobriety tests that it considers to be the most scientifically reliable for the determination of intoxication: 1. The Horizontal Gaze Nystagmus (77% accuracy). 2. The Walk and Turn (68% accuracy) and 3. The One-Legged Stand (65%accuracy). Of these three, most judges will only accept the last two because the HGN tests require physiological observations that are best made by medically trained individuals.
Based on what the officer has observed as to the appearance of the driver, and/or statements they have made, and/or the results of the field sobriety tests, the officer may or may not have probable cause for arresting the driver for driving while intoxicated. If they do not have probable cause for an arrest, the results of the breath test at the police station are not admissible in court. However, the driver can still be convicted of a DUI based on circumstantial evidence.
The Breath Test, Implied Consent, And Refusal
Assuming that there was probable cause for a DUI arrest, the results of that test are presumptively admissible in court in Virginia. That means that the results will come into evidence unless your Virginia DUI attorney can prove that the test was improperly administered or that the machine was improperly calibrated or that there were unique physiological factors that resulted in an inaccurate reading. Also, if the lawyer files a timely objection, the breath test certificate is not admissible into evidence without the testimony of the breath test operator.
If you refuse to participate in the breath test and the police had probable cause to arrest you for a DUI, you can be charged with the separate crime of Refusal, which carries an automatic 12-month license revocation. That is because in order to drive in Virginia, you are deemed to have consented to take a breath or blood test for intoxication if the police have probable cause to arrest you for a DWI/DUI.
If you are convicted of a first-offense refusal you are not eligible for a restricted license and you may not drive at all for 12 months. These penalties are in addition to whatever penalties are imposed for the underlying DUI. However, it is often possible for an attorney that is a skillful negotiator to have a refusal charge dropped in exchange for a guilty plea to a 1st-offense DUI. This will often enable the offender to be eligible for a restricted license.
Get Help From An Attorney Who Knows The Local Courts
If you have been charged with a DUI and your legal rights were violated during either the traffic stop, field sobriety tests, or the administration of the breath test at the police station, the charges against you may be dropped or reduced.
Our experience with the local jurisdictions provides us with insight into the various consequences you may be facing within a particular jurisdiction. The consequences can vary greatly, and our defense strategies are tailored to achieve the best outcomes possible in your individual case. We represent those charged in the city of Richmond and across Virginia.
Mandatory Penalties For A DUI
1st Offense – 0.08-0.14 BAC
No mandatory jail time, but because it is a class 1 misdemeanor there is the possibility of up to 12 months in jail. $250 fine. A license suspension of 12 months with eligibility for a restricted driver’s license. An ignition Interlock device installed on your vehicle required for at least six months. It is important to note that even if the defendant does not drive for a year after conviction, they will still be required to install an ignition interlock for at least six and up to 12 months once they resume driving. Contact an experienced Richmond first offense DUI attorney to protect your rights.
1st Offense – 0.15-0.20 BAC
The same penalties as above, but there is a minimum mandatory five-day jail sentence.
1st Offense – 0.21 and above
The same penalties as above, but with a 10- instead of a five-day jail mandatory minimum jail sentence.
2nd Offense within five years BAC 0.08-0.14
Mandatory minimum 20-day jail sentence, $500 fine, license suspension for three years with eligibility for a restricted license after a year with an ignition interlock for six months to 3 years.
2nd Offense within five years BAC 0.15-0.20
Same penalties as above, but with an additional mandatory minimum 10-day jail sentence (total 30 days).
2nd Offense within five years BAC 0.21 and above
Same penalties as above, but with an additional mandatory minimum 20-day jail sentence (total 40 days).
2nd Offense within five to 10 years BAC 0.08-0.14
Mandatory minimum 10-day jail sentence, $500 fine, license suspension for three years with eligibility for a restricted license after four months, ignition interlock for six months to three years.
2nd Offense within five to 10 years BAC 0.15-0.20
Same penalties as above with an additional mandatory minimum 10-day jail sentence (total 20 days).
2nd Offense within five to 10 years BAC 0.21 and above
Same penalties, but with an additional mandatory minimum 20-day jail sentence (total 30 days).
3rd Offense within 10 years – Felony
Mandatory minimum jail sentence of 90 days. Indefinite license revocation. The offender is eligible to petition the court for a restricted license after three years and for full restoration after five years.
3rd Offense within five years – Felony
Mandatory minimum jail sentence of 180 days. Same license penalties and conditions as the third offense within 10 years.
Mandatory Ignition Interlock For All DUIs
All persons charged with a DUI are required to install an ignition interlock for a minimum of six months in order to obtain a restricted license regardless of the BAC level of the conviction.
What Are Some Common Defenses Against A Virginia DUI Charge?
There are many possible defenses against a Virginia DUI charge, and some of them are not the type of defenses that you would ordinarily think of. The following is a list of only a few of them:
- You were stopped without “probable cause”: The police need a good reason to pull you over in the first place because of your constitutional right to privacy. If they pulled you over without a good reason to suspect that you were doing something illegal, all the evidence they gathered later, including a Breathalyzer test, cannot be used against you.
- The “rising BAC” defense: Your BAC is your Blood Alcohol Concentration. If your BAC is only a bit over the legal limit (0.08 for most drivers) and the test took place to say, an hour after you were stopped, you might argue that you drank all of the alcohol in your system shortly before you stopped, that your BAC was still under the legal limit before you were stopped, and that it only rose above 0.08 percent after you were stopped.
- The officer improperly administered the breathalyzer test, or the error rate of the particular breathalyzer machine was too high to prove you guilty beyond a reasonable doubt.
- You were stopped at a DUI checkpoint that did not comply with Virginia law: There was no advance public notification, for example, or the selection of drivers to stop was racially discriminatory (only drivers of a certain racial group were stopped, for example).
If you were driving on an out-of-state license, remember that Virginia cannot suspend your out-of-state license since it didn’t issue it in the first place. What they can do, however, is ban you from driving in Virginia and notify the state that issued the license of your DUI conviction. The state that granted your license will apply its own standards, not Virginia’s standards when determining the length of your license suspension.
Charged With A DUI? Get Help Now.
Get a skilled Virginia DUI lawyer to fight with you. Contact Bounds and Bounds, PLLC, at 804-361-3402 or send an email for a case evaluation. Evening and weekend appointments are available. Phone calls returned within 24 hrs.
We also handle other clients with other types of cases, including: