In most DUI cases in Charlottesville, VA the police stop the defendant's vehicle, asks the driver to exit his/her car, has the driver perform a number of field sobriety tests, and then arrests the driver. The defendant is then taken down to the jail for a breath or blood test to determine his/her blood alcohol content (BAC).
A Virginia DUI conviction can can have a serious impact on your employment, finances, and may result in jail time. Persons convicted of a DUI will have his/her license suspended, incur fines, and may even service time in jail. Consulting a Charlottesville DUI attorney soon will help you determine the possible consequences of a DUI in your case.
Overview of DUI in Virginia
Code of Virginia § 18.2-266 is Virginia's DUI/DWI statute. In Virginia it is unlawful to operate a motor vehicle while:
- such person has a blood alcohol concentration of 0.08 percent or more
- while such person is under the influence of alcohol
- while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature
- 1st offense: (1) $250 to $2,500 fine; (2) Mandatory attendance and completion of VASAP class; (3) Ignition interlock device if granted restricted license; (4) Suspension of driver's license for 12 months; (5) 5 day jail sentence if BAC was between .15-.20; (6) Ignition interlock device for 6 months after driving license privilege restored; (7) 10 day jail sentence if BAC above .20.
- 2nd offense within 5 years: (1) Minimum $500 fine; (2) Minimum 20 day jail sentence;(3) Minimum 30 day jail sentence if BAC was between .15 and .20; (4) Minimum 40 day jail sentence if BAC was over .20; (5) Ignition interlock device for 6 months after driving license privilege restored.
- 2nd offense within 10 year period: (1) Minimum $500 fine; (2) Minimum 10 day jail sentence If BAC was between .15 and .20 minimum; (3) 20 day jail sentence If BAC over .20 minimum; (4) 30 day jail sentence; (5) Ignition interlock device for 6 months after driving license privilege restored.